Note

The Ministry of Foreign Affairs of the Republic of Latvia presents its compliments to the Ministry for Foreign Affairs of Iceland and has the honour to acknowledge receipt of the Note of the Ministry for Foreign Affairs of Iceland from 9 April, 1997, which reads as follows:

“The Ministry for Foreign Affairs of Iceland presents its compliments to the Ministry of Foreign Affairs of the Republic of Latvia and has the honour to inform the latter that the Government of Iceland, in a spirit of co—operation and on the basis of reciprocity, is prepared to conclude with the Government of the Republic of Latvia an agreement on the following terms:

Agreement between the Government of the Republic of Latvia and the Government of Iceland on the Readmission of persons Entering a Country and Residing there without Authorization

The Government of the Republic of Latvia and the Government of Iceland, hereinafter referred to as the Contracting Parties,

Desirous, in a spirit of co—operation and on the basis of reciprocity, to facilitate the readmission of persons entering a country and residing there illegally,

Taking into account the Universal Declaration of Human Rights adopted on 10 December 1948 by the General Assembly of the United Nations, and the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms, and the Convention of 28 July 1951 relating to the Status of Refugees, as amended by the Protocol of 31 January 1967 relating to the Status of Refugees,

Have agreed as follows:

Article 1

Concepts

In this Agreement the following concepts have the following meaning:

1. an alien — a person who is neither a Latvian nor an Icelandic citizen;

2. a visa — a valid permission issued by a competent authority of the Contracting Party, entitling the alien to enter the country and to reside there without interruption for a period not exceeding three months;

3. a residence permit — a valid permission issued by a competent authority of the Contracting Party, entitling the person to enter the country repeatedly and to reside in the country. The residence permit does not mean a visa nor a possibility to stay in the territory of a Contracting Party during the consideration of an application for asylum or during an expulsion procedure.

Article 2

Readmission of own citizens

1. Each Contracting Party shall readmit without any formality its own citizens as well as persons who may be validly considered own citizens. The same shall apply to persons who have been deprived of the citizenship of the Contracting Party since entering the territory of the other Contracting Party, without acquiring the citizenship of any State.

2. If it turns out that the readmitted person is an alien and the provisions of Articles 3 and 4 of this Agreement cannot be applied to him, the other Contracting Party shall readmit this person again without delay.

Article 3

Readmission of an alien on the basis of an advance notification

A Contracting Party shall readmit without any formality an alien who has entered the territory of the other Contracting Party directly from its territory, on the basis of an advance notification by the competent authority of the other Contracting Party, if no more than 7 days have passed since entry.

Article 4

Readmission of an alien on the basis of a request

1. The Contracting Party shall, at the request of the other Contracting Party, readmit an alien who has arrived in the territory of the other Contracting Party directly from the territory of one Contracting Party and the entry or residence of whom does not fulfil the provisions in the legislation of the other Contracting Party. However, this shall not apply if the alien has been granted a residence permit by the other Contracting Party after his entry into the country in question.

2. The Contracting Party shall, at the request of the other Contracting Party, readmit an alien who resides illegally in the territory of the other Contracting Party and who is in possession of a valid residence permit, a visa other than a transit visa issued by the Contracting Party, or who has previously stayed for a period exceeding 3 years in the territory of the Contracting Party.

3. The Contracting Party shall, at the request of the other Contracting Party readmit also a stateless person who has entered the territory of the other Contracting Party by means of a travel document issued by the Contracting Party, entitling the return to the territory of the Contracting party which issued that document, or who has immediately before his entry into the territory of the other Contracting Party resided in the territory of the Contracting Party and arrived directly from the territory of the Contracting Party.

Article 5

Time limits

1. The Contracting Party shall reply to the readmission requests addressed to it without delay and, in any event, at the latest within twenty days from the presentation of the request. It is possible to make the readmission request by mail, by handing the written request directly to the competent authority of the other Contracting Party or through electronic means of communication.

2. The requested Contracting Party shall take charge of persons immediately after the request has been approved and, in any event, at the latest within three months from the approval. Upon notification by the requesting Contracting Party this time limit shall be extended by the time necessary for the clearing of legal or practical obstacles.

Article 6

Transit in case of removal

1. The Contracting Parties shall allow aliens to pass through their territory in transit in the case of removal, if the other Contracting Party so requests. The Contracting Party may require that the representative of the competent authority of the other Contracting Party is present as an escort during the transit through its territory.

2. The requested Contracting Party shall issue free of charge a transit visa to the escorted person and to the escorts in accordance with its national legislation.

3. Notwithstanding any authorization issued, the Contracting Parties shall readmit an alien if his entry into a third State is not admitted or if the onward journey is otherwise impossible.

Article 7

Costs

1. The transport costs pursuant to Articles 2, 3 and 4 shall be borne by the Contracting Party as far as to the border of the other Contracting Party, subject to the provisions in the national legislation.

2. The costs of the transit in accordance with Article 6 as far as to the border of the State of destination and, where necessary, the costs arising from return transport shall be borne by the requesting Contracting Party.

3. The Contracting Parties shall bear the costs arising from the executive assistance given by their own authorities during the transit through their territory.

Article 8

Providing information

Insofar as information on individual cases has to be provided to the other Contracting Party in order to implement this Agreement, such information may concern the following:

a) the particulars of the person and, where necessary, of the members of the person's family (surname, given name, any previous names, nicknames or pseudonyms, aliases, date and place of birth, sex, current and any previous citizenship);

b) passport, identity card or other travel documents (number, date of issue, issuing authority, place of issue, period of validity, territory of validity);

c) other details needed to identify the persons;

d) residence permits and visas issued by the Contracting Parties or by third states, itinerary, stopping places, travel tickets and other possible travel arrangements;

e) any information which can prove or make it sufficiently probable that the person has stayed in the territory of the Contracting Parties.

Article 9

Implementing provisions

1.Upon acceptance of this Agreement the Conctracting Parties shall inform each other through diplomatic channels of the competent authorities responsible for the implementaion of this Agreement and of their addresses and other information facilitating communication. The Contracting Parties shall also inform each other of changes with respect to these authorities.

2. The competent authorities shall meet as the need arises and they shall decide on practical arrangements required for the implementation of this Agreement.

3. The competent authorities shall decide on other arrangements required for the implementation of this Agreement regarding, for example,

— the particulars, supporting documents and evidence required for the transfer and the measures to carry out the transit,

— the determination of the border—crossing points and the arrival times in order to carry out the readmission,

— the conditions for the transport in transit of third—country citizens under escort of the competent authority and

— evidence or grounds on the basis of which it is possible to show or validly assume that the alien has arrived directly from the territory of the Contracting Party to the territory of the other Contracting Party.

Article 10

Relation to other international agreements

Nothing in this Agreement shall affect in any way the rights and obligations of either Contracting Party arising from other international agreements.

Article 11

Final provisions

1. This Agreement shall enter into force on the date when the Contracting Parties have notified each other of the fulfillment of their internal procedures concerning the entry into force of this Agreement.

2. Each Contracting Party may temporarily suspend this Agreement on the grounds of the protection of State security, public order or public health, by notifying the other Contracting Party in writing. The suspension shall become effective immediately.

3. This Agreement shall remain in force until further notice. Each Contracting Party may denounce this Agreement by notifying the other Contracting Party in writing. The denunciation shall become effective on the first day of the month following the month in which the notification thereof was received by the other Contracting Party.

4. This Agreement shall apply to all persons who are staying in the territory of the Contracting Parties at the time of the entering into force of this Agreement or after.

If the foregoing proposal is acceptable to the Government of the Republic of Latvia, the Ministry for Foreign Affairs of Iceland has the honour to suggest that the present Note and the reply of the Ministry of Foreign Affairs of the Republic of Latvia to that effect shall constitute an agreement between the two Governments.

The Ministry for Foreign Affairs of Iceland avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Latvia the assurances of its highest consideration.”

In reply, the Ministry of Foreign Affairs of the Republic of Latvia has the honour to state that the Government of the Republic of Latvia accepts the proposal of the Government of Iceland and agrees that the Note of the Ministry for Foreign Affairs of Iceland and the present reply shall constitute an agreement between the two Governments.

The Ministry of Foreign Affairs of the Republic of Latvia avails itself of this opportunity to renew to the Ministry for Foreign Affairs of Iceland the assurances of its highest consideration.

R”ga, 14 April, 1997