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Guidelines on
Approval as a religious
denomination or
parish
– prepared by the Advisory Committee on Religious Denominations
6th revised edition, 18 August 2011
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 1
Contents
Introduction ............................................................................................................................................. 2
On the freedom of religion and belief and the approval process ................................................................... 2
On the special status of religious organisations ........................................................................................... 3
The legal basis of the Committee ............................................................................................................... 4
Legislation on the freedom of religion ........................................................................................................ 4
Danish marriage legislation ....................................................................................................................... 5
How is the designation ’a religious denomination’ interpreted? ..................................................................... 6
Summary of the concept ’a religious denomination’ ..................................................................................... 7
The Danish Aliens Act ............................................................................................................................... 8
Rights ...................................................................................................................................................... 9
Documentation requirements .................................................................................................................. 10
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 2
Introduction
In 1998 the then Ministry of Ecclesiastical Affairs appointed an Advisory Committee on Religious
Denominations. According to the Ministry’s press release of 4 February 1998, the terms of reference for
the Committee are:
The Committee will perform the function as the advisor to the Ministry of Ecclesiastical Affairs in
matters concerning religious denominations outside the Evangelical Lutheran Church, which was
previously performed by the Bishop of the Diocese of Copenhagen.
The Committee was appointed on grounds of principle. The members of the Committee are appointed as independent experts not representing any particular religious community, nor the Evangelical Lutheran Church. The Committee members are experts in the history of religions, sociology of religion, theology and jurisprudence.
An application for approval as a religious denomination must be filed with the Ministry of Ecclesiastical
Affairs. The application form is available on the Ministry’s website www.km.dk. The Ministry expects
the application to be in Danish and the documentation to be enclosed with the application to be in
Danish, another Nordic language or English.
If the application includes all relevant information (see below), the Ministry will submit the application
and its appendices to the Committee. The Committee will make a recommendation to the Ministry as to
whether or not the application may be granted. The Ministry then makes a decision on the application.
As the Committee convenes only a few times a year, a certain processing time must be expected.
The Committee’s work is independent of the Ministry of Ecclesiastical Affairs, but there is a natural
collaboration, particularly with a view to exchange of information and other practical arrangements. The
Committee is free to obtain supplementary information, including contact with other experts. The
Committee does not accept direct enquiries from the applicants. Instead, applicants are requested to
contact the Ministry which will then determine whether additional information is to be communicated to
the Committee. However, the Committee may contact the applicants directly at its discretion.
On the freedom of religion and belief and the approval process
Together with the freedom of assembly, speech and association the freedom of religion and belief are
fundamental democratic human rights. The Constitution grants a special status to the Evangelical
Lutheran Church, but according to the legislation also other religious denominations may be officially
approved. The Committee believes that this openness contributes to ensuring that the Danish society is
democratic and pluralistic. The Committee sees it as its most important task to ensure that all
organisations that apply for special status as a religious denomination in Denmark are assessed based on
uniform, clear and objective criteria.
The freedom of religion and belief secures the individual’s right to choose and reject a religious
philosophy of life and the organisations’ right to profess their religion and perform their rituals. This
freedom does not imply a right to official recognition of all organisations purporting to be of a religious
nature.
A religious denomination must be based on a particular religion. However, the concept of religion is far
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 3
from clear and well-defined. The concept is historically defined in Europe and is especially associated
with the monotheistic book religions. But such a narrow definition of the concept is not compatible
with the principles of pluralism. The concept is not based on objective characteristics, and there is no
authoritative, scientific definition. There is even an extensive debate among scholars of religion about
the delimitation and most important characteristics of the phenomenon.
With the definition below, the Committee seeks to strike a balance between two considerations. On the
one hand, the definition must be clearly delimited because it is to form the basis for awarding a special
status. On the other hand, it must be sufficiently broad to accommodate the consideration of pluralism.
The Committee attaches special importance to the consideration of pluralism and therefore uses a
minimum definition: The Committee defines a religion as a specifically formulated belief in human
dependency on a power or powers beyond human beings and the laws of nature, and a belief that
provides guidelines for human ethics, morality and conduct. In order to be eligible for approval as a
religious denomination a number of additional criteria must be met. These criteria are described below.
The ministerial approval of a religious denomination has nothing to do with the freedom of religion. It
is not an assessment of religions as the approval is based exclusively on objective criteria. The
Committee carries out its work based on the administrative law point of view that ministerial approval as
a religious denomination (and thus the possibility of being granted authority to perform marriage
ceremonies) is a delegation of the executive power. Therefore, the Ministry reserves the right to assess
whether this delegation takes place on an adequate administrative basis. The Ministry’s right to reject
applicants is not contrary to anti-discrimination declarations and conventions (see below). These
declarations and conventions are meant to protect individuals or groups from losing or being denied
their fundamental rights due to religion, race, language and the like. Special rights, on the other hand,
may be awarded by the state according to clear and objective criteria.
The Committee has prepared the following guidelines for its assessment of applications for approval as a
religious denomination. These guidelines closely reflect Danish legislation and ministerial practice with
due consideration to international declarations and conventions. The Committee wishes to ensure
openness about the guidelines in order to counter accusations of discrimination or idiosyncratic practice.
On the special status of religious organisations
Legislation and administrative practice assign a special status to certain religious organisations. So far
there have been five different categories of religious organisations: 1) the Evangelical Lutheran Church,
2) recognised religious denominations, 3) approved religious denominations, 4) religious societies and 5)
groups approved under Section 8 A of the Danish Tax Assessment Act. The concept ‘recognised
religious denomination’ comprises religious denominations recognised by royal decree. With the
introduction of the Danish Marriage Act of 4 June 1969, the practice of recognition was discontinued
and replaced by authorisation upon application from individual, named pastors to perform marriage
ceremonies and/or approval as a religious denomination upon application from a religious organisation.
The two latter groups: ‘religious societies’ and ‘groups approved under Section 8 A of the Danish Tax
Assessment Act’ are mentioned in the tax legislation and are exclusively approved by the tax authorities.
With the introduction of the Danish Aliens Act on 6 August 2007 a sixth category was included in the
administrative practice, namely ‘religious order’ (see p. 8 below). The Committee interprets this category
to comprise monastic and convent orders.
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 4
Since 2000 the concept ʻparish’ has been used in the ministries’ administrative practice. The Committee
interprets the concept parish to be a small group or chapter within or in relation to one of the large world
religions (see p. 6 below). The Committee’s assessment of whether the designation parish applies does
not, however, depend on whether the parent religion accepts the relation.
The Committee only makes decisions on applications from religious organisations that apply to the
Ministry of Ecclesiastical Affairs for approval as a religious denomination or parish.
The legal basis of the Committee
The legal basis of the Committee is primarily the Constitutional Act of the Kingdom of Denmark of 5 June
1953, but it also comprises the Danish Marriage Act from 1969 (Section 16(1)(iii)) and a number of
provisions concerning religious communities.
Furthermore, the legal basis includes the international agreements concluded by the Danish state,
including the Danish Act on the European Convention on Human Rights of 1992 (Act No. 285 of 29 April 1992)
and the Universal Declaration of Human Rights of 1948; the Promulgation of the International Convention of 21
December 1965 on the Elimination of All Forms of Racial Discrimination; the Promulgation of the International
Covenant of 16 December 1966 on Civil and Political Rights and the Optional Protocol; and the Convention for the
Protection of Human Rights and Fundamental Freedoms of 1950 with subsequent Protocols, which form the basis
for the above-mentioned Act of 1992.
Also the replies of the Ministry of Ecclesiastical Affairs were included in the reading of the Bill for the
Marriage Act in the Danish parliament (the Official Report of the Danish Parliamentary Proceedings 1968-69,
addendum B, columns 1927-30). These replies clarify the concept ‘religious denomination’. Finally, the
Committee has made enquiries about the practice followed by the advisors to the Ministry of
Ecclesiastical Affairs prior to the appointment of the Committee.
Furthermore, the Danish Aliens Act (Consolidation Act No. 863 of 25 June 2013) applies, of which more
details are provided below (p. 8).
Legislation on the freedom of religion
Religious issues are discussed in Sections 4, 6 and 66-70 of the Constitutional Act of the Kingdom of
Denmark of 5 June 1953. Section 4 confirms that the Evangelical Lutheran Church is the national
church of Denmark, which, as such, is supported by the Danish state. The Committee particularly
notes two facts in Sections 66-70. First, no rules have been laid down by the state on ‘religious bodies
dissenting from the Established Church’ as presumed in Section 69. Therefore, such ‘dissenting
religious bodies’ have been administered through ministerial procedures. Second, the provisions on the
freedom of religion contain rights as well as duties, namely: 1) the ‘liberty to form congregations for
the worship of God in a manner which is in accordance with their convictions’, but with an obligation
‘that nothing contrary to good morals or public order shall be taught or done’ (Section 67), and 2) that
‘no person shall by reason of his creed or descent be deprived of access to the full enjoyment of civic
and political rights, nor shall he escape compliance with any common civic duty for such reasons’
(Section 70).
Section 9 of the Danish Act on the European Convention on Human Rights of 1992 repeats the articles of the
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 5
Universal Declaration on the freedom of religion and on restrictions of this freedom due to the public
safety, order, health or morality as well as on the protection of the freedoms and liberties of others.
Furthermore, international agreements and treaties signed by the Danish state contain a number of
declarations on the freedom of religion. In the Universal Declaration of Human Rights adopted on 10
December 1948 by the United Nations General Assembly, special focus is on the rights and protection
of the individual. Article 2 includes a general comment that “everyone is entitled to all the rights and
freedoms set forth in this Declaration, without distinction of any kind”, e.g. due to religion. About the
freedom of religion, Article 18 stipulates: “Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.” The Declaration secures men and women of full age the right to marry and
found a family, without any limitation due to race, nationality or religion (Article 16). The Declaration
concludes by stipulating the obligation of the individual in relation to the rights and freedoms of others,
including “meeting the just requirements of morality, public order and the general welfare in a
democratic society” (Article 29(2)).
The Promulgation of the International Convention of 21 December 1965 on the Elimination of All Forms of Racial
Discrimination confirms the principles of the Declaration of 1948 and specifies that the respect for and
observance of human rights and freedoms must be without distinction “as to race, sex, language or
religion” (the preamble). The Declaration particularly focuses on racial discrimination. The Promulgation of
the International Covenant of 16 December 1966 on Civil and Political Rights and the Optional Protocol supplements
the rights and freedoms of the individual, including the freedom of religion, with similar rights for ethnic
groups (Part II, Article 2(1)). Article 18 of the Convention concerns the freedom of religion, repeating the
declaration of 1948 and supplementing it with a provision on the liberty of parents to ensure the religious
and moral education of their children in conformity with their own conviction (Part II, Article 18(4)). A
special article concerns the freedom of religion of minorities (Part II, Article 27). Furthermore, the
Convention includes an article on marriage (Part II, Article 23).
Danish marriage legislation
Section 16(1)(iii) of the Danish Act on the Contracting and Dissolution of Marriage (Consolidation Act No.
1052 of 12 November 2013) stipulates that a church wedding may be performed “in other religious
denominations when one of the parties belongs to such a religious denomination, and the religious
denomination has pastors authorised by the Minister of Ecclesiastical Affairs to perform marriage
ceremonies (see also Section 17(2)). All marriages in Denmark must be performed in the presence of
minimum two witnesses and with the simultaneous presence of the parties at the time they make their
statements to the effect that they wish to marry, following which the marrying authority must pronounce
them to be legally married (Section 20(1) and (2)). The procedure at the marriage ceremonies performed
by the religious denomination must be approved by the Minister of Ecclesiastical Affairs (Section 20(3)).
There are additional provisions regarding the procedures to be followed by the authorised pastor. Today
authority to perform marriage ceremonies is granted by the Ministry of Ecclesiastical Affairs.
Consequently, an application for authority to perform marriage ceremonies must be filed with the
Ministry.
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 6
How is the designation ʻa rel igious denomination ’ interpreted?
In the reply from the Minister of Ecclesiastical Affairs to questions asked in connection with the reading
of the Bill for the Marriage Act in the Danish parliament (the Official Report of the Danish Parliamentary
Proceedings 1968-69, addendum B, columns 1927-30), an interpretation of ‘religious denomination’ was
formulated, which has set a precedent. In connection with the reply (question 11), it was emphasised
that recognition as a religious denomination (see the letter from the Ministry of Ecclesiastical Affairs of
1 June 1929):
‘...first and foremost [will] depend on the size of the community and on whether the permanence
of its organisation is of such a nature, including also educational establishments for ministers, that
the continued existence of the community and the provision of pastors are ensured to whom the
performance of religious ceremonies, especially baptism and marriage ceremonies, with recognised
legal effect may be entrusted.’ In this connection, as mentioned in a previous letter from the
Ministry of Ecclesiastical Affairs ‘special weight will be attached to whether the religious
community in question is part of one of the large world religions’. (columns 1927-28).
These comments concern recognised religious denominations, i.e. religious denominations recognised by
royal decree. The recognition practice was abandoned in 1969.
The Committee understands the above reply to mean that the issue of organisation is central, especially
that it is a permanent organisation of a certain size. Furthermore, the Ministry must be satisfied that the
religious denomination will continue to exist, partly through education of pastors and partly through the
number of members. The approval is of the organisation. Insofar as the number of members is concerned,
applicants must have minimum of 150 members of full age (attained the age of 18) for a religious
denomination and 50 members for a parish.
Furthermore, significance is attached to the special importance of the large world religions. World
religions are understood as the large global religions: Christianity, Judaism, Hinduism, Buddhism and
Islam. Groups which in a broad sense may be included under these religions will be covered by the
concept parish and may therefore apply for approval as a parish instead of as a denomination.
Regarding the provision concerning a minimum of 50 members for parishes within the world religions,
exemptions may in exceptional cases be granted in connection with small parishes in sparsely populated
areas, such as e.g. Greenland.
In the reply of the Ministry of Ecclesiastical Affairs to question 12 in connection with the reading of the
Bill for the Marriage Act in the Danish parliament, the concept ‘religious denomination’ was defined in
detail. Also a number of requirements were formulated, which a religious community must meet:
... that it will be a condition for granting … authority that the community is an actual religious
denomination in the usual sense of the word – i.e. not merely a religious ‘movement’ or a religious
or philosophical association, but a community or society (a religious society) whose primary
purpose is the worship of God (cult) according to defined teachings and rites. This will be
checked the first time a pastor or elder of a non-recognised religious denomination applies for
authority to perform marriage ceremonies. Naturally, it will also be checked that nothing contrary
to good morals or public order is taught or done in the religious denomination and that the
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 7
religious denomination has an organisation of such a nature that there are lawfully elected
representatives who on behalf of the religious denomination or the individual parish may apply
for authorisation of one or more of its pastors or elders to perform marriage ceremonies.
Similarly, enquiries will be made with the police to find out whether there is any adverse
information about the character and morals of the person for whom authority is applied for.
Certificates of good conduct may be obtained. Also confirmation by the police may be sought
concerning the attesters’ trustworthiness. Furthermore, it must be established that the person in
question, if not Danish, is residing legally in Denmark and that he – out of consideration for the
mandatory reports to the authorities – masters the Danish language in speech and writing.
In short, the scheme means that certain requirements must be met by the religious denomination as
well as by their pastors. In this connection – as in connection with the recognition as a religious
denomination – individual assessments will be exercised. Any eventuality that cannot be predicted at
this time must be resolved in connection with considerations of the individual applications, and, in
this connection, procedures in this area are expected to be established rather quickly. (Official Report
of the Danish Parliamentary Proceedings 1968-69, addendum B, columns 1929-30).
The concept ʻreligious denomination’ thus consists of two elements, i.e. ‘religion’ which is specified as
‘the worship of God … according to defined teachings’ and ‘denomination’ which is defined as an
organisation or society (and neither a ‘movement’ nor a ‘philosophical association’) whose primary
purpose is ‘the worship of God (cult) according to defined teachings and rites’.
Summary of the concept of ʻa religious denomination’
Based on the state of the law described, the Committee has prepared the following summary:
The concept ʻworship of God’ is a theistic concept which is too narrow in a modern, religious
pluralistic society. Therefore, a more abstract concept of ‘God’ is required, which covers the
‘notion that human beings are dependent on one (or more) transcendental power(s)’.
The worship of God takes place based on specific teachings, i.e.:
That there must be a creed or other text that sums up and refers to the basic doctrines
and/or teaching traditions of the religion.
That there must be a shared belief that provides guidelines for human actions, i.e. ethics,
morality and conduct.
That there must be a shared belief that is expressed through marriage and other rituals.
That there must be instructions for or a description of the most important rituals.
That the marriage ritual must meet the requirements of Danish marriage legislation (see the
above Consolidation Act).
The concept of ‘religious society’ is understood as follows:
That the society has an organisational structure of such a nature that enables it to form
the basis for public control and approval. There must be statutes that can be assessed
according to the Danish conception of law.
That there are representatives appointed according to the statutes, who can be held
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 8
accountable by the authorities.
That there is a formal membership with guidelines for acceptance of members as well as for
voluntary or involuntary ending of the membership.
In connection with applicants with an esoteric (secret) tradition or practice, there is a special impediment
to the public right of insight. First, there is the requirement that ‘nothing contrary to good morals or
public order shall be taught or done in the religious denomination’, and second there is the
requirement that all members have access to the teachings of the religion, i.a. due to the presumption
of a shared belief.
But the requirement concerning good morals and public order represents something more than a
challenge for esoterics. The Committee’s primary field of interest is the religious content. If required, the
Committee may choose to draw on reports, court decisions and the like concerning an applicant’s
conduct in relation to good morals and public order. If such sources are included in the Committee’s
evaluations, the applicant will be notified. Any violations of law will be assessed by the courts of justice.
Even if applicants comply with the letter of the guidelines, automatic approval cannot be expected. Not
everything that looks like a religion is in fact a religion. This is e.g. the case for totalitarian political
systems, sports clubs, companies, ex-servicemen’s clubs and the like. Such organisations etc. may have
religious features such as rituals (military parades), apocalyptical expectations (the Fall of the West),
redemption ideas (the liberation of the working class), hero worship (Mao Zedung, Kim Il Sung or
Diego Maradona), ethics and morality (tax evasion is prohibited), dogma (the leader or the state is
infallible, certain ethnic groups are enemies of the state or we are surrounded by an international
conspiracy) as well as transcendental entities (the nation, the flag, the club, the leader). Such religion-like
organisations cannot expect to be approved as religious denominations.
The Danish Aliens Act
The Danish parliament has passed an act on aliens (the Danish Aliens Act, see Consolidation Act No.
863 of 25 June 2013), which has a section on religious preachers. Pursuant to Section 9 f, a residence
permit may, upon application, be issued to:
1) an alien who is to act as a religious preacher in Denmark;
2) an alien who is to act as a missionary in Denmark or
3) an alien who is to act within a religious order in Denmark.(subsection (1))
It is a condition for the residence permit under subsection (1) above that “the alien proves that he has
ties with the Evangelical Lutheran Church in Denmark or a recognised or approved religious
denomination in Denmark” (subsection (2)). In addition, it is a condition for the issue of a residence
permit that “the number of aliens affiliated with a particular religious denomination and holding a
residence permit under subsection (1) is reasonably proportionate to the size of the religious
denomination” (subsection (2)).
It is also a condition for the residence permit that the alien proves that he has “a relevant background or
training to act as a religious preacher or missionary or within a religious order” (subsection (3)). The Act
also stipulates additional requirements concerning knowledge of Danish (subsection (4)), maintenance
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 9
(subsection (5)) and public security and public order, health, morality and the rights and duties of others
(subsection (6)). The residence permit under subsection (1) must be obtained prior to entry into
Denmark.
The Act stipulates two important conditions in relation to the approval of religious denominations,
namely 1) that the residence permit is only issued to preachers or missionaries affiliated with a religious
community that is already recognised or approved in Denmark, and 2) that the residence permit is issued
to aliens who are to act within a religious order.
The former means that if the religious denomination within which a preacher or missionary is to act is
neither recognised nor approved, it must be approved before the residence permit is issued to the alien
preacher or missionary of such a religious denomination.
The latter means that if a religious order is a monastic or convent order which embraces celibacy, the
requirement for documented marriage rituals does not apply.
Rights
It is, among other things, characteristic of an approved religious denomination that the Ministry of
Ecclesiastical Affairs may authorise a pastor of such a religious denomination to perform marriage
ceremonies with recognised legal effect pursuant to Section 16(1)(iii) of the Marriage Act. Religious
denominations outside the Evangelical Lutheran Church may be given part of a cemetery of the
Evangelical Lutheran Church for its own use pursuant to Section 15 of the Danish Burial Act with
permission from the Ministry of Ecclesiastical Affairs or be granted permission by the Ministry of
Ecclesiastical Affairs to establish its own burial ground pursuant to Section 16(2) of the above Act.
Recognised and approved religious denominations are protected under Section 140 of the Danish Penal
Code (against public ridicule or insult) and Section 170(1) of the Danish Administration of Justice Act
(in connection with witness statements of ministers of the Evangelical Lutheran Church or other
religious denominations).
According to the guidelines on pastoral visits to prisoners in Danish prisons (the Danish Prison and
Probation Service/the Danish Ministry of Justice), prisoners may, subject to a concrete assessment, be
visited by a pastor of the religious denomination to which they belong.
Furthermore, the tax legislation includes provisions for certain benefits: The right to receive gifts and
payments with a right of deduction for the grantor, the exemption from corporate income tax, taxation
of foundations, property tax, inheritance tax, payroll tax and payment of contributions to the Employers’
Reimbursement Scheme. However, some of the above acts distinguish between recognised and
approved religious communities. Consequently, the Act on Statutory Debt Collection and Execution Without a
Court Order or a Settlement (Section 1(1)(i)), the Act on Fees on Registration in the Land Registry and Registration of
Ownership and Mortgages, the Danish Corporation Tax Act (Section 3) and the Danish Archives Act only apply
to recognised religious communities.
APPLICATION FOR APPROVAL AS A RELIGIOUS DENOMINATION OR PARISH 10
Documentation requirements
Approval as a religious denomination involves rights as well as obligations. Based on the above, the
Committee concludes that approval as a religious denomination must be based on reliance upon the
worship of God being the main object of the organisation, that accountable representatives have been
appointed, openness in connection with teachings and rituals as well as continuity with regard to the size of
the religious denomination and the education of pastors. In addition, it is regarded as a precondition that
approved religious denominations, like the rest of society, respect human rights, particularly the freedom
of religion and belief, including the right to change religion or to reject religion entirely.
In order for the Committee to provide a qualified decision on applications for approval as a religious
denomination, documentation must be provided as indicated below. The Committee may find it
necessary to request additional documentation.
The following documentation must be enclosed with the application:
1. A creed or other text that refers to the basic doctrines and/or teaching traditions of the religion
and which documents that there is “worship of God” in line with the Committee’s guidelines,
and how this belief provides guidelines for members’ ethics, morality and conduct.
2. The central religious texts (however, an excerpt or description is sufficient in connection with
large text traditions).
3. A description of the marriage ritual and/or other important rituals.
4. A description of the organisational structure if different from the description in the statutes.
5. A copy of the statutes.
6. A copy of the most recent financial statements, including income statement and balance sheet,
audited or reviewed by a registered or state-authorised public accountant according to Danish
auditing or review standards. In case of newly established associations, a copy of the most recent
interim statements must be enclosed if no financial statements are available yet, such statements
to be audited or reviewed by a registered or state-authorised public accountant according to
Danish auditing or review standards.
7. A statement of the number of members of full age (attained the age of 18) with permanent residence in Denmark.
8. A description of the education of the pastors or marrying authority.
9. Information about whether the religious denomination is officially recognised or approved in
another Nordic country, if relevant.
10. Information about whether the religious denomination is connected to international
organisations or to a parent organisation, if relevant.
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