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Norsk

Bilateral agreements

Document-ID : 2005-06-16
Entry info force : 22.09.2005
Documentdate : 16.06.2005

Agreement between Norway and Switzerland on readmission of persons with unauthorised stays

Agreement between the Kingdom of Norway and the Swiss Confederation on the readmission of persons with unauthorised stays

       The Kingdom of Norway
       and 
      The Swiss Confederation

       hereinafter named the Contracting Parties,
       with the aim of developing and promoting the co-operation between the Contracting Parties,
       within the range of international efforts to combat illegal immigration
       in accordance with international treaties and agreements
       on the basis of reciprocity,
       have agreed the following:

I - Readmission of nationals of the contracting parties
Article 1

(1)      Each Contracting Party shall upon request of the other Contracting Party readmit to its territory without formality any person who does not fulfil or no longer fulfils the requirements for entry or stay applicable to the territory of the requesting Contracting Party, provided that it is proven or can be reasonably presumed that this person possesses the nationality of the requested Contracting Party.  
(2)

Paragraph 1 is applicable if the nationality is proven to be or can be reasonably presumed on the basis of the documents listed in Article 2 of the Implementation Protocol concluded by the respective Ministries of both Contracting Parties.  

(3)

Paragraph 1 is applicable if the nationality is proven to be or can be reasonably presumed on the basis of the documents listed in Article 2 of the Implementation Protocol concluded by the respective Ministries of both Contracting Parties.  



Article 2

(1)     

If the nationality is reasonably presumed in accordance with Article 2 paragraph 2 of the Implementation Protocol, the diplomatic or consular authorities of the requested Contracting Party shall issue the (emergency) travel document immediately.  

(2)

If the documents submitted to reasonably presume the nationality are contested, or if no documents are available, the diplomatic or consular authorities of the requested Contracting Party shall conduct a hearing of the person concerned as soon as possible, however, at the latest within five working days after receipt of the request. The hearing shall be organised by the requesting Contracting Party in consultation with the consular offices of the requested Contracting Party.

(3)

If, as a result of the hearing conducted, it can be established that the person concerned possesses the nationality of the requested Contracting Party, the diplomatic or consular authority shall without delay issue an (emergency) travel document, at the latest within four working days after the hearing.  



Article 3

(1)     

The information which is to be contained in the readmission request as well as the modalities for transmitting the request are set out in the Implementation Protocol.  

(2)

The transport costs related to the person's readmission to the borders of the requested Contracting Party shall be borne by the requesting Contracting Party. 



II - Readmission of third-country nationals
Article 4

(1)     

Each Contracting Party shall upon request of the other Contracting Party readmit to its territory without formality third-country nationals who do not fulfil or no longer fulfil the requirements for entry or stay applicable to the territory of the requesting Contracting Party, if it is proven or can be reasonably presumed that said persons entered the territory of the requesting Contracting Party after having stayed in, resided in or passed through the territory of the requested Contracting Party during the 6 months prior to the request.  

(2)

Each Contracting Party shall upon request of the other Contracting Party readmit without formality third-country nationals who do not fulfil or no longer fulfil the requirements for entry or stay applicable to the territory of the requesting Contracting Party, if these persons hold a valid visa or residence permit of any kind, issued by the requested Contracting Party.  

Article 5

       The readmission obligation pursuant to Article 4 shall not apply in respect of:

  • third-country nationals who have been issued a visa or a residence permit by the requesting Contracting Party, unless the requested Contracting Party has issued a valid visa or residence permit with a longer validity;
  • third-country nationals who have stayed longer than a year on the territory of the requesting Contracting Party, unless they are holders of a valid residence document issued by the requested Contracting Party;
  • third-country nationals or persons whom the requesting Contracting Party has either recognised as refugees, in accordance with the Geneva Convention Relating to the Status of Refugees of 28 July 1951 in the version of the New York Protocol of 31 January 1967, or as stateless persons, in accordance with the New York Convention Relating to the Status of Stateless Persons of 28 September 1954;
  • third-country nationals who have been removed by the requested Contracting Party to their country of origin or to a third country, unless they entered the territory of the requesting Contracting Party after having entered, passed through or stayed on the territory of the requested Contracting Party following removal.

Article 6

(1)     

Article 4 paragraph 1 is applicable, if the entry of a third-country national to the territory of the requested Contracting Party or his/her stay there can be proven or reasonably presumed, in particular on the basis of a document or evidence listed in Article 4 of the Implementation Protocol.  

(2)

The information which is to be contained in the readmission request as well as the modalities for transmitting the request are set out in the Implementation Protocol.  

(3)

The transport costs of the person concerned to the border of the requested Contracting Party shall be borne by the requesting Contracting Party.  



Article 7

(1)     

The requesting Contracting Party shall readmit to its territory persons when subsequent checks to their readmission to the territory of the requested Contracting Party reveal that they have not fulfilled the conditions provided in Article 4 at the moment of their departure from the territory of the requesting Contracting Party.  

(2)

The respective request shall be submitted by the requested Contracting Party as soon as possible and at the latest within 9 months after the readmission took place.  



III - Transit
Article 8

(1)     

Each Contracting Party shall upon request of the other Contracting Party permit the transit through its territory of third-country nationals who are subject to removal or are denied entry by the requesting Contracting Party. The transit shall be conducted by air.  

(2)

The requesting Contracting Party assumes full responsibility for the entire journey of a third-country national to the country of destination and shall readmit such a person if, for any reason, the removal or the refused entry cannot be executed.  

(3)

The requesting Contracting Party must inform the requested Contracting Party, whether the transiting person is to be accompanied by escorting officers. The requested Contracting Party may: 

  • provide the escort itself, in which case the incurred costs are to be reimbursed by the requesting Contracting Party;
  • provide the escort in cooperation with the requesting Contracting Party;
  • authorise the requesting Contracting Party to provide an escort on its territory.


Article 9

       The request for a transit authorisation for removal purposes or following a refusal of entry shall be directly transmitted from one responsible authority to the other under the conditions specified by the Implementation Protocol.

Article 10

(1)     

If transit is conducted under police escort, the escorting officers of the requesting Contracting Party shall be in plain-clothes, unarmed and provided with a transit authorisation.  

(2)

When carrying out the transit operation the powers of the escorts shall be limited to self defence. In absence of law-enforcement officers, the escorts may use reasonable and proportionate action in response to an immediate and serious risk to prevent the third-country national from escaping, causing injury to himself/ herself or to a third-country national, or damage to property. Under all circumstances escorts must comply with the legislation of the requested country. 

(3)

During transit the escorting officers are responsible for the surveillance of the third-country national and ensure that the said person boards the airplane. The Contracting Parties shall grant the same protection and assistance to the escorting officers of the other Party who are performing their duties in accordance with this Agreement as they would grant their own officers. The escorting officers carry out their mission under the authority of the competent authorities of the requested Contracting Party.  

(4)

If necessary, the requested Contracting Party may take over the responsibility for the surveillance of the third-country national and the boarding of the airplane.  

(5)

The requesting Contracting Party must take all necessary steps to ensure that the third-country national transits through the airport of the requested Contracting Party as quickly as possible.  

(6)

The Contracting Parties shall exchange all informations at their disposal on all incidents related to transit.  



Article 11

       If during transit the person subject to a removal or to a refused entry is denied boarding or, if boarding is impossible, the requesting Contracting Party shall take back this person immediately or within twenty-four hours at the most after arrival at the airport.

Article 12

       The escorting officers who are performing their duties in accordance with this Agreement on the territory of the other Contracting Party remain subject to the provisions prevailing in their own Country related to service regulations, in particular those related to discipline and liability.

Article 13

       Escorting officers who are performing their duties in accordance with this Agreement on the territory of the other Contracting Party are, with respect to criminal offences committed against them or by them, subject to the criminal laws of the requested Contracting Party. They are regarded as officials of that Contracting Party with respect to criminal offences committed against them or by them.

Article 14

       The escorting officers of the requesting Contracting Party, who on the basis of this Agreement are carrying out the transit on the territory of the requested Contracting Party, must at all times be able to prove their identity, the nature of their mission and their official position, by showing the transit authorisation issued by the requested Contracting Party.

Article 15

(1)       

The Contracting Parties reciprocally waive any claims for compensation due to the loss or damage of property belonging to them or to other administrative organs if the damage has been caused by an escorting officer in the performance of his/her mission in connection with the implementation of this Agreement.  

(2) 

The Contracting Parties reciprocally waive any claims for compensation due to the harm inflicted on the physical integrity of an escorting officer if the damage has been caused in the performance of his/her mission in connection with the implementation of this Agreement. Claims for compensation on the part of the officer or his dependents remain unaffected thereby.  

(3) 

If an escorting officer of a Contracting Party causes damage to a third person in the performance of duties connected with the implementation of this Agreement on the territory of the other Contracting Party, liability lies with the Contracting Party on whose territory the damage has occurred, in compliance with the provisions which would find application in the event of damage caused by one of its own technically and locally competent officers. 

(4) 

The Contracting Party whose escorting officers have caused the damage on the territory of the other Contracting Party reimburses the latter in full any amounts it has paid to the victims or their dependents.  

(5) 

The competent authorities of the Contracting Parties work closely together in order to simplify the settlement of claims for compensation. In particular, they exchange all information at their disposal on cases of damage in compliance with this Article.  

(6)

Paragraphs 1 and 2 are not applicable if the damage has been caused either intentionally or through gross negligence.  

Article 16

       Transit for removal purposes or following an entry refusal may, in particular, be denied:

  • if in the country of destination the third-country national risks being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion,
  • if in the country of destination the third-country national risks being accused of or sentenced for acts committed before transit.

Article 17

       The costs of transit as far as the border of the country of destination as well as the costs arising from a possible return shall be borne by the requesting Contracting Party.

IV - Data protection
Article
18

(1)     

Personal data communicated in relation to the readmission of persons may only concern the following:

 

a) particulars of the person to be readmitted and, where necessary, of the members of the person's family (surname, forename, any previous names, nicknames or pseudonyms, aliases, date and place of birth, sex, current and any previous nationality);

 

b) identity card or passport,

 

c) other details which are needed to identify the person to be readmitted as well as

 

d) stopovers and itineraries.

(2)

Personal data may only be processed by the competent authorities responsible or implementing this Agreement and only for the purposes for this Agreement. The Contracting Party communicating the data shall ensure that it is accurate, necessary and does not exceed the requirements of the purposes for which it is communicated. If the data is inaccurate or has been communicated illegally, the recipient Contracting Party shall be informed of this immediately and shall correct or destroy the data. The communicating Contracting Party must give its written consent before the data can be further communicated to other bodies. Communicated personal data shall only be stored for as long as it is required for the purposes for which it was communicated.  

(3)

Each Contracting Party shall inform the other Contracting Party upon request about the use of the data and the results obtained thereby.  

(4) The national law on data protection of each Contracting Party shall remain applicable to the processing of personal data and the rights of the data subjects.  


V - General and final provisions
Article 19

(1)     

The competent authorities of the Contracting Parties shall cooperate and consult each other as far as is necessary in the implementation of this Agreement.  

(2)

Each Contracting Party may request the convocation of a meeting of experts of both governments for the clarification of any questions arising in the implementation of this Agreement.  



Article 20

(1)     

The Implementation Protocol, which sets out the procedures for implementing this Agreement, also regulates: 

  • the designation of the airports to be used for the readmission and transit;
  • the time-limits for processing the readmission and transit requests;  
(2)

Upon signing this Agreement the Contracting Parties shall exchange the necessary information pertaining to the authorities who are responsible for the filing and processing of the readmission and transit requests. 

(3)

Any changes concerning the competent authorities shall be communicated to the competent authority of the other Contracting Party immediately.  



Article 21

       This Agreement does not affect the obligations of the Contracting Parties arising from:

  • the Geneva Convention of 28 July 1951 Relating to the Status of Refugees, in the version of the New York Protocol of 31 January 1967;
  • the conventions signed by the Contracting Parties for the protection of human rights;
  • international conventions on extradition.

Article 22

       This Agreement also applies to the territory of the Principality of Liechtenstein and to nationals of the Principality of Liechtenstein.

Article 23

(1)     

Each Contracting Party informs the other Contracting Party through diplomatic channels of the completion of the domestic legal procedures required by its laws for the entry into force of this Agreement. This Agreement shall enter into force 30 days after the last notification.  

(2)

This Agreement is concluded for an indefinite period. Each Contracting Party may terminate this Agreement at any time by giving notice of three months; the termination also applies to the Principality of Liechtenstein.  



Article 24

(1)     

Each Contracting Party may suspend this Agreement for important reasons, namely in order to protect national security, public order or public health. The suspension must be communicated to the other Contracting Party immediately. The Contracting Parties shall notify each other of the cancellation of any such measure without delay via diplomatic channels.  

(2)

Suspension shall become effective on the first day of the month following receipt of the notification by the other Contracting Party.  



       In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement.

       Done at Bern on 16 June 2005 in two original copies in the Norwegian, German and English languages. In case of divergence in the interpretation of this Agreement the English version shall prevail.

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. box 2098 Vika
NO-0125 Oslo
Norway

Editor in Chief: Stephan Mo