Agreement between the Government of the Republic of Latvia and the Government of the Republic of Bulgaria on the Readmission of Persons Entering their Territories and Residing there without Authorization

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

desirous, in a spirit of co-operation and on the basis of reciprocity, of facilitating 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 on the Status of Refugees, as amended by the Protocol of 31 January 1967 on 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 Bulgarian nor Latvian citizen;

2. a visa — a valid permission issued by a competent authority of the Contracting Party, entitling the alien to one or more entries in its territory and to reside there for a specified period of time;

3. a residence permit — a valid permission issued by a competent authority of the Contracting Party, entitling the person to reside in its territory for a specified or unspecified period of time, as well as to leave and re–enter its territory without visa for the permitted period of its residence. The residence permit does not mean a visa nor a possibility to stay in the territory of the Contracting Party during the treating of an application for asylum or for residence permit or during an expulsion procedure.

Article 2

Readmission of own citizens

1. The requested Contracting Party shall readmit in its territory at the request of the requesting Contracting Party and without particular formalities any person who does not meet, or who no longer meets the requirements for entry or residence in the territory of the requesting Contracting Party, provided that person is properly identified and it is proved or may be validly assumed that the person is a citizen of the requested Contracting Party.

2. The provisions of Paragraph 1 of this Article shall be applied also in the case of a person who is in possession of a valid travel document issued by the competent authorities of that Contracting Party.

3. The requesting Contracting Party shall readmit, at the request of the requested Contracting Party and without particular formalities, any person who formerly departed from its territory in accordance with paragraph (1) of this Article if subsequent checks reveal that at the time of departure that person was not a citizen of the requested Contracting Party and the provisions of Articles 3 and 4 of this Agreement cannot be applied to him. The obligation to readmit under this paragraph shall not apply where the requested Contracting Party has deprived the person in question of his or her citizenship after that person had entered the territory of the requesting Contracting Party without that person at least having been promised naturalisation by the requesting Contracting Party.

Article 3

Readmission of an alien

on the basis of an advance notification

The requested Contracting Party shall readmit without any formality, by the first available means of transportation, any alien who has entered the territory of the requesting Contracting Party directly from the territory of the requested Contracting Party, on the basis of an advance notification by the competent authorities of the requesting Contracting Party.

Article 4

Readmission of an alien on the basis of a request

1. Each Contracting Party shall readmit at the request of the other Contracting Party and without unnecessary formalities any alien, who does not fulfil, or who no longer fulfils the regulations of entry or residence in the territory of the requesting Contracting Party, provided he holds a valid visa or a valid residence permit issued by the competent authorities of the requested Contracting Party or who has arrived in the territory of the requesting Contracting Party directly from the territory of the requested Contracting Party. However, this shall not apply if the alien has been granted a visa or a residence permit by the competent authorities of the requesting Contracting Party after his entry in the territory of the requesting Contracting Party.

2. In cases in which both Contracting Parties have issued a visa or a residence permit, responsibility shall reside with the Contracting Party whose visa or residence permit expires last.

3. The requested Contracting Party shall, at the request of the requesting Contracting Party, readmit also a stateless alien who has entered the territory of the requesting Contracting Party by means of a travel document issued by the requested Contracting Party, entitling him to return to the territory of the Contracting Party which issued that document, or who has arrived directly from the territory of the requested Contracting Party.

4. The Contracting Party shall, at the request of the other Contracting Party, readmit an alien who has arrived in the territory of the requesting Contracting Party directly from the territory of the requested Contracting Party with forged travel documents. In these cases irrespective of the way of entering the territory of the requesting Contracting Party forged documents shall be transferred immediately to the Contracting Party readmitting the alien.

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 request directly to the competent authority of the other Contracting Party or through other 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.

3. The request for readmission under Article 4, paragraphs 1 and 3 can be submitted to the competent authority of the requested Contracting Party without delay and in any case not later than 1 year after the competent authority of the requesting Contracting Party has ascertained the illegal entry or presence of the person in its territory.

Article 6

Transit in the case of removal

1. Each Contracting Party shall permit, at the request of the other Contracting Party and without unnecessary formalities, transit passaging through its territory of aliens removed by the requesting Contracting Party for the purpose of readmission to their countries of origin or to Third States so long as admission to another possible State of transit and to the State of destination is assured. The requested Contracting Party may require that a representative of the competent authority of the requesting 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, if necessary, to the escorted person and to the escorts in accordance with its national legislation.

3. Notwithstanding any authorisation 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

Refusal of transit

Under this Agreement, a request for transit passing in cases of removal may be refused to a person:

a) who may be at risk of persecution in the State of final destination or in any State of next transit by reason of his or her race, religion, nationality, membership of a particular social group or political opinion; or

b) whose presence in the territory of the requested Contracting Party may not be conducive to the interests of national security, public order or public health.

Article 8

Costs

1. The transport costs pursuant to Articles 2, 3 and 4 shall be borne by the requesting Contracting Party as far as to the border of the requested Contracting Party, subject to the provisions of its 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 9

Implementing provisions

1. Upon entry into force of this Agreement the Contracting Parties shall inform each other through diplomatic channels of the competent authorities responsible for the implementation 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 agree on a Protocol on the implementation of this Agreement.

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

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 is concluded for an indefinite period of time and shall enter into force 30 (thirty) days from the date of receipt of the last Note Verbale notifying of the compliance with the national legislation, giving way to the entry into force of this Agreement.

2. Each Contracting Party may temporarily suspend, in whole or in part, 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 and shall remain in force until further notice.

3. Each Contracting Party may denounce this Agreement by notifying the other Contracting Party in writing. The denunciation shall become effective 30 (thirty) days after 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 and after.

Done at Riga this 5th day of July 2002 in two originals, each in the Latvian, Bulgarian and English languages, each text being equally authentic. In cases of differences in interpretation the English text shall prevail.