Agreement between the Government of the Republic of Latvia and the Government of Romania on the Readmission of Persons

The Government of the Republic of Latvia and the Government of Romania hereinafter referred to as the “Contracting Parties”,

Desiring to develop the cooperation between their States with a view to ensuring a better implementation of the dispositions on the movement of persons,

Being aware of the need to counter illegal migration and with a view to facilitate, on a mutual basis, the readmission of persons illegally entering and/or residing on the territory of the State of either Contracting Party,

In accordance with the international treaties and conventions by which their States are bound, especially the Convention on the Protection of Human Rights and Fundamental Freedoms, Rome, November 4th, 1950 and the Convention on the Status of Refugees, Geneva, July 28th, 1951, as modified by the Protocol on the Status of Refugees, New York, January 31st, 1967,

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purposes of this Agreement, the terms listed below shall have the meanings as follows:

1. “Alien” means a person who does not have citizenship of the State of either Contracting Party;

2. “Visa” means a valid permit issued by the competent authorities of the State of a Contracting Party, entitling a person to entry and stay on the territory of its State, for a determined period of time according to the applicable legislation of that State;

3. “Residence permit” means a valid permit issued by the competent authorities of the State of a Contracting Party, entitling the person bearing it to repeatedly enter and to reside on the territory of that State. The residence permit does not represent a visa and cannot be assimilated with a temporary residence permit granted to a person to allow its staying on the territory of the State of a Contracting Party in relation with examining an asylum application or pending an expulsion procedure.

Article 2

Readmission of citizens of the States of the Contracting Parties

1. Each Contracting Party shall readmit, upon request by the other Contracting Party, and without special formalities, the person who does not meet, or who no longer meets the legal requirements for his/her entry and/or staying on territory of the State of the Requesting Contracting Party, provided that it is proved or it may be validly assumed that such person has the citizenship of the State of the Requested Contracting Party.

2. The same procedure shall also apply to the person who lost the citizenship of the State of the Requested Contracting Party after his/her entry on the territory of the State of the Requesting Contracting Party, without that person having been guaranteed granting of the citizenship by the competent authorities of the State of the Requesting Contracting Party.

3. Upon application by the Requesting Contracting Party, the Requested Contracting Party shall, without delay, issue the person subject to readmission under the provisions of paragraph 1 of this Article the travel documents required for his/her return or, as the case may be, shall recognise a standard travel document issued by the competent authorities of the Requesting Contracting Party, according to the Protocol on the implementation of this Agreement.

4. Should subsequent investigations result in proving that the readmitted person was not a citizen of the State of the Requested Contracting Party at the moment of his/her departure from the territory of the State of the Requesting Contracting Party and he/she does not meet the requirements provided by paragraph 1 of this Article or by Article 4, the Requesting Contracting Party shall assume the obligation to immediately readmit the respective person.

5. The procedure mentioned in paragraph 4 of this Article shall not apply if the readmission request is based on the fact that the Requested Contracting Party has withdrawn the citizenship of the respective person after his/her entry on the territory of the State of the Requesting Contracting Party, without that person having been guaranteed granting of citizenship by the competent authorities of the State of the Requesting Contracting Party.

Article 3

Proving or assuming citizenship

1. Citizenship is considered to be proven by a valid national passport or by a valid identity document issued to its own citizens by the competent authorities of the State of the Requested Contracting Party, if these documents may be obviously ascribed to their holder.

2. Citizenship may be validly assumed based on prima facie evidence as follows:

a) any of the documents listed under paragraph 1, even if its validity expired;

b) a written testimony of the person concerned;

c) a written statement by a third person;

d) other evidence which, in concrete cases, are acknowledged by the Requested Contracting Party.

3. If the evidence or prima facie evidence referred to under paragraph 1 and 2 are not sufficient to prove or validly assume citizenship, the competent Diplomatic or Consular Representation of the Requested Contracting Party shall, without delay, interview the person concerned in order to determine his/her citizenship.

Article 4

Readmission of aliens

1. Any of the Contracting Parties shall readmit, upon request by the other Contracting Party, an alien who entered the territory of the State of the Requesting Contracting Party directly from the territory of the State of the Requested Contracting Party and who does not meet the legal conditions for entry and/or residence on that territory.

2. Each Contracting Party shall readmit, upon request by the other Contracting Party, an alien illegally residing on the territory of the State of the Requesting Contracting Party and who holds a valid residence permit, a valid visa or other valid document issued by the competent authorities of the State of the Requested Contracting Party, entitling the respective person to entry and reside on the territory of that State.

Article 5

Exemptions from the obligation to readmit aliens

1. The readmission obligation provided under Article 4 shall not exist in the case of aliens who, at the time of their entry on the territory of the State of the Requesting Contracting Party did hold a valid entry visa or residence permit issued by the authorities of this Contracting Party or have acquired them after entering on that respective territory.

2. Should both Contracting Parties have issued an alien subject to a request for readmission an entry visa or a residence permit, the Contracting Party whose entry visa or residence permit validity has expired the latest, shall readmit that alien.

Article 6

Transit

1. Upon grounded request by one Contracting Party, the other Contracting Party shall authorize aliens subject to a readmission procedure towards a third State, to enter on and transit through the territory of its State. The Requested Contracting Party may set conditions to issuing such authorization, by demanding the presence of a representative of the competent authority of the Requesting Contracting Party, in order to provide escort during the transit on the territory of its State and also by demanding that guarantees on the capability of the respective person to continue his/her journey and to enter the territory of the State of destination, are produced at the same time with the submission of the request for such transit.

2. The Requested Contracting Party shall grant free of charge transit visa to the escorted person and the escort, according to the applicable legislation.

3. If the alien subject to a readmission procedure is not allowed to enter the territory of a third State or if, irrespective of the reason, the continuation of the journey is no longer possible, the Requesting Contracting Party shall assume full responsibility for taking over such alien and returning him/her, without delay, to the territory of its State.

4. If there are obvious indications that the person subject to a transit request may be at risk, in the State of its destination, of being exposed to death penalty or to suffering torture, inhumane, ill or degrading treatment or punishments, as well as if the guarantees provided under paragraph 1 of this Article are not deemed satisfactory, the Requested Contracting Party reserves its right to refuse such request.

Article 7

Time limits

1. Any Contracting Party shall, without delay, provide a written reply to the readmission request submitted to it and, in any case, no later than thirty days form the date such request has been received. The readmission request can be forwarded to the competent authorities of the Requested Contracting Party by mail, by direct handing over or by any means of communication, including by deposing it to the competent Diplomatic or Consular Representation of the Requested Contracting Party. Any rejection of such request shall be grounded.

2. The Requested Contracting Party shall take over the person subject to the readmission procedure immediately after the communication of the approval of the readmission request and, in any case, no later than three months after the date of approval. Upon notification by the Requesting Contracting Party, this time limit may be extended with the time taken to clarify any legal or practical impediments that can occur.

Article 8

Lapse of obligation to readmit

The request for the readmission of a person under Article 4 shall be submitted to the competent authorities of the Requested Contracting Party within one year, at the most, from the date the illegal entry or the date when the residence of such person on the territory of the State of the Requesting Contracting Party has become illegal, is officially established. Any request submitted after this term is no longer admissible.

Article 9

Exchange and protection of information

1. For the implementation of the present Agreement, the information on individual cases provided to the other Contracting Party shall only refer to:

a) personal data of the person subject to a readmission request and, when necessary, of his/her family members (family name, names, any previous names, nicknames, pseudonyms, aliases, date and place of birth, sex, nationality, previous and current citizenship);

b) passport, identity document or other travel document (number, date of issue, issuing authority, place of issuing, validity period, territorial validity);

c) other data necessary and/or usefull to identify the person;

d) residence permit and/or visa issued by the authorities of the States of the Contracting Parties or of third States, itineraries, halting places, travel tickets or other possible travel arrangements;

e) any information proving that the person stayed on the territory of the State of one of the Contracting Parties;

f) need for special care to elderly or sick persons, if necessary.

2. The information provided under paragraph 1 of this Article shall be transmitted in compliance with the provisions of the legislation applicable in the State of the Contracting Party sending them.

3. Personal data may only be transmitted to the competent authorities of each Contracting Party. The competent authorities of each Contracting Party shall ensure protection of all information received under this Agreement, in compliance with the applicable legislation of their respective State.

4. Each Contracting Party undertakes to:

a) use any information received under this Agreement solely for the purpose it has been requested;

b) keep confidential the information sent to the Requested Contracting Party and not transmit such information to a third party unless such transmission is authorized by the Requesting Contracting Party;

c) protect this information against any accidental loss, unauthorized access, alteration or disclosure;

d) to destroy this information in compliance with any conditions as set forth by the Requesting Contracting Party and should there are no such conditions, as soon as the information is no longer needed for the purpose it has been delivered for.

Article 10

Expenses

1. The Requesting Contracting Party shall bear all the expenses for the transportation of the person subject to readmission, including the escort, as far as to the borders of the State of the Requested Contracting Party.

2. The Requesting Contracting Party shall also bear all the transportation expenses deriving from the fulfillment of the obligation to readmit the persons under Article 2, paragraph 4.

3. In the case of admission in transit of persons subject to a readmission procedure with a third State, the Requesting Contracting Party shall bear all the expenses related to the transportation of these persons and of the escort to the State of destination and if, irrespective of the reason, the continuation of the journey is no longer possible, it shall also bear the expenses for the return of these persons to its State.

Article 11

Transportation of legally acquired personal belongings

1. The Requesting Contracting Party shall allow the person subject to a readmission procedure to transport to the State of his/her destination, all his/her belongings, legally acquired according to the applicable legislation.

2. The Requesting Contracting Party shall have no obligation whatsoever to cover the costs for the transportation of such belongings.

Article 12

Provisions on implementation

1. The Contracting Parties authorize their respective Ministries of Interior to conclude a Protocol on the implementation of this Agreement, which shall specifically indicate the competent authorities designated to cooperate directly for its implementation, as well as their addresses or other information necessary to facilitate communication.

2. The Protocol shall also provide rules for the working procedures, as well as any practical arrangements for its implementation, such as:

a) details, documents substantiating evidence and measures necessary to carry out transfer and transit;

b) determining the border-crossing points and establishing dates for readmission;

c) conditions of transportation in transit for a national of a third State under escort by the competent authorities;

d) pieces of evidence or prima facie evidence on the basis of which it may be proven or assumed that the alien has entered the territory of the State of a Contracting Party directly from the territory of the State of the other Contracting Party;

e) format and content of the readmission request, format of the individual fiche with personal data, records of persons subject to readmission procedures, working language, etc.

Article 13

Relationship with other international legal instruments

1. Nothing in this Agreement shall in any way prejudice the rights acquired and obligations undertaken by any of the States of the Contracting Parties, arising from other international legal instruments by which these are bound.

2. This Agreement shall not apply to the persons subject to procedures related to extradition, extradition in transit or transfer of convicted persons as agreed upon between the States of the Contracting Parties or between these and third States.

Article 14

Settlement of disputes

Any dispute concerning the interpretation or implementation of the present Agreement shall be dealt with by way of consultation between competent authorities of the Contracting Parties. Failing this, the dispute shall be settled through diplomatic channels.

Article 15

Final provisions

1. This Agreement is concluded for an indefinite period.

2. Each Contracting Party shall notify the other Contracting Party in writing, through diplomatic channels, on the fulfillment of the legal procedures necessary in its State for the entry into force of this Agreement. The Agreement shall enter into force after thirty days from the receipt of the last of the two notifications.

3. Each Contracting Party may suspend, either entirely or partially, the implementation of this Agreement, on grounds of protecting public order or public health, by a written notification addressed to the other Contracting Party. The suspension shall be notified without delay to the other Contracting Party through diplomatic channels and shall become effective as of the date mentioned in the notification.

4. Each Contracting Party, in compliance with the legal provisions covered by its national legislation may, at any time, propose amendments or supplements to this Agreement. After the Contracting Parties agree upon such proposal and sign the documents, they will come into force according to paragraph 2 of this Article.

5. Each Contracting Party may denounce this Agreement by written notification addressed to the other Contracting Party. The denunciation shall become effective the first day of the month following that when such written notification has been received by the other Contracting Party.

6. This Agreement shall apply to all persons whose staying on the territories of the States of the Contracting Parties becomes illegal starting with the date of its coming into force and after this date and to the persons who will illegally enter the respective territories after this date.

Signed at Riga on 5 July 2002, in two original copies, one each in Latvian, Romanian and English languages, all texts being equally authentic. In case of difference of interpretation, the English text shall prevail.

Līgums stājās spēkā Latvijas Republikā 2004.gada 25.septembrī; Ārlietu ministrijas informācija par spēkā stāšanos publicēta laikrakstā “Latvijas Vēstnesis” 2004.gada 22.septembrī, Nr.150.