Darbības ar dokumentu
The Government of the Republic of Latvia and the Government of the Republic of Poland, hereinafter referred to as the Contracting Parties,
Wishing, in a spirit of cooperation and on a mutual basis, to facilitate the readmission and transfer of persons residing without authorisation,
Bearing in mind the Universal Declaration of Human Rights, adopted on 10 December 1948 by the United Nations General Assembly, the Convention on the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 and the Convention Relating to the status of refugees, done at Geneva on 28 July 1951, supplemented by the Protocol relating to the status of refugees, signed at New York on 31 January 1967,
Have agreed as follows:
Article 1
For the purposes of this Agreement the following definitions shall apply:
1. "Foreign national": a person who neither holds Latvian nor Polish citizenship.
2. "Visa": a valid permit issued by the competent authority of the one of the Contracting Party, which entitles a foreign national to enter and reside on the territory of the State for a period of not longer than ninety days in time, for a purpose and upon conditions defined therein.
3. "Residence permit": other than a visa, valid permit, for permanent or temporary residence, issued by the competent authority of the Contracting Party, entitling the foreign national to multiple entry and residence on the territory of the State of the Contracting Party. The residence permit shall not include neither permits granted for the time of consideration of application for refugee status nor to enable residence in order to consider an application for a residence permit, or for the period of proceedings aiming at expulsion of the foreign national.
Article 2
1. The Contracting Party, upon the request of the other Contracting Party, shall readmit to the territory of its State, without unnecessary formalities, any person who has ceased to meet the applicable conditions for entry or residence on the territory of the State of the requesting Party, if it is determined or if there is a presumption that such a person holds citizenship of the State of the requested Party.
2. Provisions of paragraph 1 shall apply accordingly to those persons who have lost the citizenship of the State of one of the Contracting Parties since the time of entry on to the territory of the State of the other Contracting Party and did not acquired another citizenship.
3. Provisions of paragraph 1 shall also apply to persons who are not citizens of the States of the Contracting Parties, and who have valid travel documents or residence permit issued by competent authorities of the requested Party, if it is required.
4. Upon the request of the requesting Party, the requested Party shall issue necessary documents enabling such persons to be transferred.
Article 3
1. The Contracting Party shall, without unnecessary formalities, readmit a foreign national, who at the time of arrival has been refused entry on to the territory of the State of the other Contracting Party, if it is determined or if there is a presumption that the foreign national has arrived directly from the territory of the State of the requested Party.
2. The Contracting Party, upon the request of the other Contracting Party, shall readmit a foreign national, who has entered illegally the territory of the State of the other Contracting Party, if it is determined or if there is presumption that the foreign national has arrived directly from the territory of the State of the requested Party. The obligation to readmit shall also arise when the foreign national, at the time of illegal entry to the territory of the State of the requesting Party, hold a valid travel document entitling to return to the territory of the State of the requested Party, issued by a competent authority of that Party. The obligation to readmit shall not arise in relation to those persons who have been granted a permit for residence on the territory of the State of the requesting Party after the arrival on the territory of the State of that Party.
Article 4
1. The requested Party, without unnecessary formalities, shall readmit a foreign national who fails to meet or has ceased to meet the applicable conditions for entry or residence, if such a person is in possession of a valid visa issued by that Contracting Party, or a valid residence permit.
2. Provisions of paragraph 1 shall not apply in case of issue of transit visas.
Article 5
The requesting Party, without unnecessary formalities, shall readmit persons referred to in Articles 2, 3 and 4, if, after subsequent verification, it shown that at the moment of leaving the territory of the State of the requesting Party, such persons did not meet any of the conditions referred to in Articles 2, 3 and 4.
Article 6
Request for readmission of a foreign national should be submitted to the competent authorities of the requested Party not later than within twelve months after the competent authorities of the requesting Party have found illegal entry or residence on the territory of the State of the requesting Party. This period of time can be extended upon the request of the requesting Party submitted during the aforementioned twelve months, if there are legal or practical obstacles to transfer the person, and only for the time of existence of these obstacles.
Article 7
1. The requested Party shall reply immediately to the request for readmission of a foreign national, in every case, in fifteen days' time at the latest.
2. The Contracting Party, who has accepted the request for readmission of a person remaining without authorisation, shall readmit that person immediately, and within one month at the latest. This period of time might be extended upon the request of that Contracting Party to whom the request for readmission was addressed, if there are legal or practical obstacles to transfer that person, and only for the time of existence of these obstacles.
Article 8
1. Each Contracting Party, upon the request of the other Contracting Party, shall allow a foreign national to transit, at the time agreed, if the reception of such person by a country of final destination or another transit country is ensured.
2. The Contracting Party, to whom the request for transit has been submitted, may request that during the passing through the territory of its State such person be escorted by a representative of a competent authority of the other Contracting Party.
3. The Contracting Party, who has requested for transit of a person, shall readmit such a person if the person is not admitted to a third state or if further travel of such a person is not possible for other reasons.
4. The Contracting Party, to whom the request for transit of a person has been submitted shall, if necessary, issue a transit visa free-of-charge for a transferred person and that person's escort in accordance with the procedure defined in the domestic legislation of its State.
5. The Contracting Party, who requested for transit of the person shall ensure, if needed, a travel document to the foreign national.
6. The Contracting Party may refuse to accept a foreign national for transit if:
1) public order, public safety or health is endangered;
2) the transferred person were exposed to the danger of inhuman or degrading treatment or punishment, or of the death penalty in the country of destination or of further transit, or if the life of such person or freedom were threatened due to his or her race, religion, nationality, belonging to a particular social group or for political reasons;
3) criminal proceeding might be initiated against the person in the country of destination or of further transit.
Article 9
1. Personal data information necessary to give effect of this Agreement may include only the following:
1) personal data information of the person to be transferred and, if necessary, of the data of his or her family members such as surname, first name, previous possible names, sobriquets or pseudonyms, nicknames, date and place of birth, gender, present and possible previous citizenship;
2) passport, identity document, other documents enable to identify such a person passes or other documents authorizing crossing the border (number, expiry date, date of issue, issuing authority, place of issue etc.);
3) other data necessary to determine the identity of the persons to be transferred;
4) places of residence and description of the routes of journey;
5) issued documents permitting residence or a visa;
6) possible existing materials serving identification of persons, that could be relevant for verification of conditions of readmission of persons in accordance with this Agreement.
2. The transfer of personal data for the purpose of this Agreement shall take place in conformity with the national law of the State of each of the Contracting Party, taking into account the following principles:
1) personal data can be used solely for the specified purpose and upon the conditions described by the transferring authority;
2) upon the request of the transferring authority, the receiving authority shall notify the manner of use of the data and about the results achieved;
3) personal data can be provided solely to competent authorities and services acting under this Agreement. The disclosure of this data to other authorities or services may be only possible after receiving the permission of the transferring authority;
4) the transferring authority is obliged to pay due attention to the correctness of the transferred data and to the necessity and commensurability of transferring it to the intended purpose. Bans on transferring data, existing in the national law of the State of the transferring authority, should be observed. If it is discovered that erroneous data have been transferred or have not been forbidden to transfer, the receiving authority should be immediately informed and obliged to correct or destroy such data;
5) the transferring and receiving authority are obliged to create appropriate documentation of the fact of transferring of personal data;
6) the transferring and receiving authority are obliged to protect effectively the personal data transferred data against the access by unauthorised persons, against unauthorised changes and unauthorised disclosure.
Article 10
1. The transportation costs of the person referred to in Articles 2, 3, 4 and 5 to the border of the State of the requested Party shall be covered by the requesting Party, unless such costs are covered by a transportation company.
2. The costs of transit, in accordance with Article 8, to the border of the country of destination and, if necessary, costs of return transport shall be borne by the requesting Party.
Article 11
In order to execute this Agreement, the Minister of the Interior of the Republic of Latvia and the Minister responsible for the internal affairs of the Republic of Poland shall conclude an executive agreement, describing the following:
1) competent authorities responsible for the execution of this Agreement;
2) border crossings through which persons will be transferred and readmitted;
3) information, data, documents and evidence necessary for readmitting and escorting, specimens of the necessary documents and the procedure for conducting such activities;
4) principles and manner of covering the costs referred to in Article 10;
5) manner and procedure of mutual communication.
Article 12
This Agreement does not affect the rights and obligations of each of the Contracting Parties under any international agreements to which they are parties.
Article 13
The activities aiming to execute this Agreement are performed by the competent authorities referred to in Article 11 paragraph 1, in accordance with the national law of the particular State.
Article 14
Disputes in relation to the interpretation or application of this Agreement shall be resolved through negotiations between competent authorities, mentioned in Article 11 paragraph 1. If agreement is not reached, the disputes shall be resolved by the Contracting Parties with diplomatic procedures.
Article 15
1. This Agreement shall not apply to foreign nationals who have been residing on the territory of the State of each Contracting Party before its entry into force.
2. This Agreement is subject to acceptance in accordance with the national law of the State of each Contracting Party, what shall be confirmed by way of the exchange of diplomatic notes. This Agreement shall enter into force thirty days after the date of receipt of a latter note confirming such acceptance.
3. Each of the Contracting Parties may temporarily suspend the execution of the whole or part of this Agreement, except Article 2, taking into consideration public order, public safety or health, by notification of the other Contracting Party. The suspension shall enter into force on a date specified in the notification. The Contracting Parties shall notify immediately each other on the reasons for suspension of execution of this Agreement.
4. This Agreement has been concluded for an unlimited period of time. It may be terminated by each of the Contracting Party by notification, and in such a case it shall cease to have effect sixty days after the date of receipt of the notification.
Done in Riga on 29 March, 2006 in two originals, each in Latvian, Polish and English, all texts being equally authentic. In case of disscrepancies concerning their interpretation, the English text shall prevail.
|
On behalf of the Governmentof
the Republic of Latvia |
On behalf of the Government
of the Republic of Poland |
 |
 |
 |
 |