Agreement Between The Government Of The Republic Of Latvia And The Government Of The Kingdom Of Norway On Readmission Of Persons

The Government of the Republic of Latvia and the Government of the Kingdom of Norway, hereinafter referred to as the Parties,

desirous of facilitating the readmission of persons staying without authorization on the territory of the other Party, and the transit of such persons,

in a spirit of co–operation and on the basis of reciprocity,

taking into account the Convention of 4 November 1950 for the protection of Human Rights and fundamental Freedoms,

taking into account the principles that are enacted in the Convention relating to the Status of Refugees of 28 July 1951, as amended by the Protocol of 31 January 1967 and in other applicable international instruments on the legal status of aliens,

have agreed as follows:

Article 1

Definitions

For the purpose of this Agreement the following definitions shall apply:

1. An "alien" means a person who is neither a Latvian nor a Norwegian citizen.

2. An "entry permit" is a visa, residence permit or other kind of document under which an alien is authorized to enter the territory of a Party.

3. A "requested Party" is a Party having to readmit any person staying without authorization in the territory of the other Party or to allow him / her to re–enter its territory at the request of the other Party.

4. A "requesting Party" is a Party requesting the other Party to readmit the person residing in its territory illegally or to allow him /her to re–enter or pass through its territory at the request of the other Party.

Article 2

Readmission of citizens

1. Provided that the citizenship of a person is proved or validly assumed, each Party shall readmit without any additional formality its citizen who has entered or who is residing in the territory of the other Party without authorization.

2. Provided that the readmitted person is an alien and the provisions of Articles 3 and 4 of this Agreement are not applicable to him / her, the other Party shall readmit this person again without delay.

Article 3

Readmission of an alien who has been refused entry

1. Each Party shall, without any additional formality, readmit an alien who, upon arrival has been refused entry into the territory of the other Party when it is proved, or can be validly assumed, that the alien has arrived directly from the territory of the requested Party. The return of the alien shall be effected without delay by the earliest available transportation facility.

2. Each Party shall also, upon application, readmit an alien who has entered illicitly the territory of the other Party when it is proved, or can be validly assumed, that the alien has arrived directly from the territory of the requested Party.

Article 4

Readmission of an alien by the Party responsible for the entry

1. If any alien arriving in the territory of the requesting Party does not fulfil the conditions in force for entry or residence and if that alien is in possession of a valid entry permit issued by the requested Party, that Party shall readmit the alien upon application by the requesting Party. If both Parties have issued an entry permit, the responsibility shall lie with the Party the entry permit of which expires last.

2. Each Party shall readmit, at the request of the other Party, a stateless alien arriving in the territory of the other Party with a travel document, which authorizes a stateless alien to return to the Party having issued the said travel document. The same shall apply to a stateless alien who, immediately before arriving in the territory of the requesting Party, has been legally residing on the territory of the requested Party.

Article 5

Time limits

1. A requested Party shall respond to a readmission request without delay, and in any case within a maximum of fifteen days.

2. The requested Party shall take charge of a person whose readmission has been agreed to without delay and in any case within a maximum of one month. Upon application by the requesting Party this time limit may be extended, should any legal or practical problem occur.

Article 6

Time limits for the expiry of the readmission obligation

A request for readmission shall be submitted to the requested Party within a period of one year after the requesting Party has established an unauthorized entry or presence by an alien on its territory.

Article 7

Transit

1. A Party shall allow an alien to pass through its territory in connection with the enforcement of an order of refusal of entry or expulsion issued by a competent authority of the other Party provided that onward travel to the State of destination is assured. The requested Party may require that a representative of a competent authority of the requesting Party escort the alien during the transit through its territory.

2. The requested Party shall issue free of charge a transit visa, when necessary, to the alien and, in case, to the escort in accordance with its national legislation.

Article 8

Data protection

Insofar as personal data have to be communicated in order to implement this Agreement, such information may concern only the following:

a. particulars of the person to be transferred and, when necessary, of his family members, such as surname, given name, any previous name, nickname or pseudonym, alias, date and place of birth, sex, current and any previous citizenship;

b. passport, travel document, laissez–passer or any other identity document;

c. other details needed to identify the person to be transferred;

d. itinerary, and

c. entry permits issued by one of the Parties or third State, their descriptions.

Article 9

Costs

1. The costs of transporting a person, referred to in Article 2, 3 and 4 shall be borne by the requesting Party as far as to the border of the requested Party, unless the costs shall be borne by a transporting company.

2. The costs of transit, in accordance with Article 7 as far as to the border of the State of destination and, when necessary, of return transport shall be borne by requesting Party.

Article 10

Implementation

1. The Parties shall notify each other, through the diplomatic channel, about the authorities and contact persons who are responsible for the implementation of this Agreement. The Parties shall also notify each other about changes relating to such authorities or contact persons.

2. The competent authorities shall meet when necessary and decide on the practical arrangement for the implementation of this Agreement.

Article 11

Relation to other international agreements

Nothing in this Agreement shall affect the right and obligation of the Parties arising from provisions in other international agreement to which they are party.

Article 12

Final clauses

1. This Agreement shall enter into force on 1 July 1997.

2. Each Party may temporarily suspend the implementation, in whole or in part, with exception of Article 2, of this Agreement for reasons of State security, public order, or public health through written communication to the other Party. The suspension may enter into force immediately.

3. This Agreement may be denounced by each Party by notification in writing, the denunciation taking effect one month after the date of the notification.

Done at Tromso on 15 May 1997 in two originals, in Latvian, Norwegian and English, all texts being equally authentic. In case of divergence of interpretation the English text shall prevail.

For the Government For the Government

of the Republic of Latvia of the Kingdom of Norway

Līgums stājās spēkā ar 1997. gada 1. jūliju.