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Norsk

Bilateral agreements

Document-ID : 2005-06-30
Entry info force : 25.11.2007
Documentdate : 30.06.2005

Agreement between the Government of the Kingdom of Norway and the Council of Ministers of Bosnia and Herzegovina regarding readmission of own citizens and third country nationals

 

The Government of the Kingdom of Norway and the Council of Ministers of Bosnia and Herzegovina hereinafter referred to as the «Contracting Parties»,

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

Respecting the Convention of 28th July 1951 on the Status of Refugees as amended by the Protocol of 31st January 1967 and the Convention on Stateless Persons of 28th September 1954, the Parties agree to exclude persons protected by these Conventions from the implementation of this Agreement,

Being aware of the need to combat illegal migration and with a view to facilitating, on the basis of reciprocity, the readmission of persons illegally entering 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,

Have agreed as follows:

ARTICLE 1
Definitions

For the purpose of this Agreement, the terms listed below shall have the following meanings:

  1. «Third country national» means a person who does not have citizenship of the State of either Contracting Party;
  2. «Stateless person» means a person without citizenship in any country;
  3. «Visa» means a valid permit issued by the competent authorities of a Contracting Party, entitling a person to enter and stay in its territory, without interruption, for a specified period of time according to the applicable legislation of that Party. «Stay on the basis of no visa regime» means a stay of a person not requiring visa when entering the territory of the Contracting Parties for a limited period of time;
  4. «Residence permit» means a valid permit issued by the competent authorities of a Contracting Party, entitling the person bearing it to repeatedly enter and reside in its territory. A residence permit does not constitute a visa and may not be assimilated with a temporary residence permit granted to a person to allow him/ her to stay in the territory of a Contracting Party in connection with the examination of an asylum application or pending an expulsion procedure.

ARTICLE 2
Readmission of nationals of the Contracting Parties

  1. Each Contracting Party shall, at the request of the other Contracting Party and without further formalities, readmit any person who fails to meet or no longer meets the legal requirements for staying in the territory of the Requesting Contracting Party, provided that it is proved or may be validly assumed that such person has the citizenship of the Requested Contracting Party. This obligation includes readmission of children who are citizens of the Requested Contracting Party.
  2. The same shall apply to a person who has lost the citizenship – except the citizenship obtained by naturalisation – of the Requested Contracting Party since entering the territory of the Requesting Contracting Party, without having been guaranteed citizenship by the competent authorities of the Requesting Contracting Party.
  3. If the citizenship is proved based on the valid documents mentioned in Article 3 Paragraph 1 of this Agreement, the Requesting Contracting Party shall submit a notification for acceptance by the Requested Contracting Party, which shall immediately, and not later than five working days upon the receipt of the notification, verify the acceptance in writing.
  4. If the citizenship is presumed based on the documents listed in Article 3 Paragraph 2 of this Agreement, the Requesting Contracting Party shall submit copies of all other available documents and all other information useful for the citizenship verification to the other Contracting Party. The Requested Contracting Party shall submit a response in accordance with Article 7 paragraphs 1 and 2.
  5. The citizenship of a person to be accepted shall be defined by the Requested Contracting Party in accordance with its own legislation.
  6. Upon the receipt of a positive response to the request for acceptance the Requesting Contracting Party shall forward the response to the diplomatic consular representation office of the Requested Contracting Party with the purpose of issuing a travel document for the readmission. The travel document shall be issued immediately and not later than five working days.
  7. A Requesting Contracting Party shall readmit such persons again to its territory under the same conditions if subsequent checks reveal that they did not fulfil the conditions in this Article.
  8. The return and readmission shall in all instances be conducted in accordance with the regulations of this Agreement, fully respecting the human rights and dignity of the persons returned and readmitted.

ARTICLE 3
Proving or assuming citizenship

1. The following valid documents are considered proof of citizenship, provided they can definitely be ascribed to a particular person:

  1. For the Kingdom of Norway:
    – passports of any kind (national passports, collective passports, diplomatic passports, service passports and surrogate passports);
    – service books and military identity cards;
    – seamen's registration books and skippers' service cards;
  2. For Bosnia and Herzegovina:
    – BiH travel documents (passports, diplomatic passports, service passports, seamen's registration books and skippers' service cards, «putni list» and collective passports);
    – ID-card (issued according to CIPS project)

2. Citizenship is presumed by the following:

  1. photocopies of any of the documents listed in paragraph 1;
  2. documents from paragraph 1 of this Article, whose validity has expired;
  3. driving licences;
  4. company identity cards;
  5. birth certificates;
  6. identity cards, including temporary and provisional ones;
  7. photocopies of the mentioned documents in litra b), c), d), e) and f);
  8. written statements made by witnesses;
  9. written statement made by the person concerned;
  10. language spoken by the person concerned only if used in conjunction with any of the items listed in paragraphs a)–h) and k);
  11. any other documents which may help to establish the citizenship of the person concerned;
  12. unequivocal information provided by the competent authorities of either Contracting Party.

3. If the evidence referred to under paragraph 1 or 2 are not sufficient to prove or assume citizenship, the competent Diplomatic Mission or Consular Office of the Requested Contracting Party shall, without delay, interview the person concerned in order to proceed in accordance with this Agreement.

ARTICLE 4
Readmission of third country nationals

  1. The Requested Contracting Party shall, at the request of the other Contracting Party, without further formalities, with the exception of the provisions as proscribed by this Agreement, readmit third country nationals for whom it is established that they arrived on the territory of the Requesting Contracting Party directly from the territory of the Requested Contracting Party and who does not fulfil the conditions in force for entry and residence.
  2. Upon request by a Contracting Party, the other Contracting Party shall, without further formalities, with the exception of the provisions as proscribed by this Agreement, readmit a third country national illegally residing on the territory 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 Requested Contracting Party, entitling the respective person to entry and reside on the territory of that State.
  3. The request for acceptance has to be submitted within six months from the moment the Requesting Contracting Party established illegal stay of a third country national on its territory. The request for acceptance shall contain information on established identity and citizenship of the person to be returned, as well as the evidence confirming his/her stay on the territory of the Requested Party.
  4. The Requested Contracting Party shall submit a reply in accordance with Article 7 paragraphs 1 and 2 of this Agreement.
  5. Upon receipt of a positive reply to the request for acceptance, the Requesting Contracting Party is obliged to issue travel documents necessary for his/her return.
  6. A Requesting Contracting Party shall readmit such persons again to its territory under the same conditions if subsequent checks reveal that they did not fulfil the conditions in this Article and Article 5 of this Agreement.
  7. The Contracting Parties shall prioritize returning persons concerned to their countries of origin.

ARTICLE 5
Exemptions from the obligation to readmit third country nationals

  1. The readmission obligation provided under Article 4 shall not apply in respect of a third country national who was in possession of a valid visa or a residence authorisation issued by the Requesting Contracting Party when the person entered the territory of that Contracting Party, or who was issued with a residence authorisation by that Contracting Party after entering its territory.
  2. If the visa or residence permit was issued by both Contracting Parties, the Contracting Party whose entry visa, with the exception of transit visa, or residence permit validity expires the latest, shall readmit that third country national.
  3. Third country nationals who have been acknowledged refugee status by the Requesting Contracting Party in accordance with the Geneva Convention of 28th July 1951 and the amendment of the New York Protocol of 31st January 1967 referring to refugee status, are exempted from readmission.
  4. Third country nationals who have initiated a procedure for acknowledging refugee status with the Requesting Contracting Party, based on the Convention of Refugee Status of 28th July 1951 and its protocol of 1967 are exempted until valid decision is made.
  5. Third country nationals who have been expelled by the Requested Contracting Party from its territory to their country of origin or a third country are exempted.
  6. Third country nationals who, on the day of submitting a request for readmission, have not stayed on the territory of the Requested Contracting Party for the last twelve months, are exempted.

ARTICLE 6
Transit

  1. A Contracting Party shall allow a third country national or stateless person to pass through the territory of its State in transit in case of returning upon request of the other Contracting Party. The Requesting Contracting Party may ask the Requested Contracting Party to secure the escort during the transit on the territory of its State.
  2. Transit will exclusively be done by air transportation.
  3. Transportation of persons in transit with official escort will be performed in accordance with valid regulations of the Contracting Party through whose territory transit is performed.
  4. If the person subject to a readmission procedure is not allowed to enter the territory of his/her country of origin or the usual place of residence or a third state, or if, irrespective of the reason, the continuation of the journey is no longer possible, the Requesting Contracting Party shall, within twenty-four hours, assume full responsibility for taking over such person and returning him/ her, without delay, to the territory of its State.
  5. If there are obvious indications that the person subject to a transit request may represent a threat for the public order, national security or public health, as well as if the guarantees provided under this Article are not deemed satisfactory, the Requested Contracting Party reserves its right to refuse such request.
  6. As a priority the Contracting Parties will return aliens from distant countries to their countries of origin or destination countries by direct flights.

ARTICLE 7
Time limits

  1. A Contracting Party shall, without delay, provide a reply to the readmission request submitted to it and, in any case, no later than twenty days from the date such request has been received. The readmission request shall be forwarded to the competent authorities of the Requested Contracting Party. Any rejection of such request shall be grounded.
  2. Upon receipt of a positive reply to the request, the Requesting Contracting Party shall submit a notification of readmission to the Requested Contracting Party. The Requested Contracting Party shall immediately and not later than five working days confirm the readmission in writing.
  3. 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 the written confirmation of readmission, in any case, no later than three months after the date of approval. Upon notification, this time limit may be extended by the time taken to deal with legal or practical obstacles.

ARTICLE 8
Specific cases of readmission

The Requesting Contracting Party shall enclose to the request and the notification for readmission, the following if needed:

– Information indicating that the person to be readmitted requires special assistance or treatment, enabling the Requested Contracted Party to adequately prepare for the readmission of such person;
– Information of any other means of protection or security measures needed during the individual case of transfer. 

ARTICLE 9
Exchange and protection of information

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

  1. the particulars of the person to be readmitted or admitted in transit, and when necessary, of the members of the person's family, such as surname, given name, any previous name, nickname or pseudonym, aliases, parents' surnames and forenames, date and place of birth, sex, current and any previous citizenship, nationality, latest address and previous address(es) in the territory of the Requested Contracting Party;
  2. passport, travel document, laissez-passer or other identity document (number, date of issue, issuing authority, place of issue, period of validity, etc.);
  3. other details needed to identify the person to be readmitted or admitted in transit;
  4. evidence from which possession of citizenship may be established or validly assumed;
  5. residence permit and/ or visa issued by the authorities of the Contracting Parties or of third States;
  6. itineraries, places, tickets or other travel arrangements and residence permits or visas issued by one of the Contracting Parties or a third State and their descriptions, if available;
  7. any other information at the request of one of the Contracting Parties which is required for the purpose of examining the readmission request pursuant to this Agreement.

2. Each Contracting Party undertakes to have personal data needed for implementation of this Agreement and forwarded by the Contracting Parties obligatory treated and protected in accordance with data protection regulations valid in both Contracting Parties, taking the following conditions into consideration:

  1. use any information received under this Agreement solely for the purpose it has been requested;
  2. keep confidential the information sent to the Requested Contracting Party and not transmit such information to a third party unless such transmission is authorised by the Requesting Contracting Party;
  3. protect this information against any accidental loss, unauthorised access, alteration or disclosure;
  4. d) destroy this information in compliance with any conditions as set forth by the Requesting Contracting Party and, if there are no such conditions laid down, as soon as the information is no longer required for the purpose it has been delivered for.

ARTICLE 10
Costs

  1. The Requesting Contracting Party shall bear all the transportation and other possible expenses related to the return of persons to be readmitted under this Agreement, including their escorts, as far as to the border of the Requested Contracting Party, except the costs borne by a transporting company.
  2. The Contracting Party which was the first one to submit a request for readmission shall bear all incurred expenses in cases according to Article 2 paragraph 7 and Article 4 paragraph 6 of this Agreement.
  3. The Requesting Contracting Party shall bear all transportation and other expenses related to the return of persons to be admitted in transit under this Agreement, including their escorts, as far as to the state of destination, and if, irrespective of the reason, the continuation of the travel is no longer possible, it shall also bear the costs for the return of these persons to its State, unless the costs shall be borne by a transportation company.

ARTICLE 11
Provisions on implementation

1. Institutions authorised for implementation of this Agreement:

  1. For the Kingdom of Norway
    – The Directorate of Immigration (Utlendingsdirektoratet) on behalf of the Ministry of Local Government and Regional Development. Address: P.O. Box 8108 Dep, N–0032 Oslo, Norway. Tel: +47 982 42 958 Telefax: +47 23 35 19 01 Email: kme@udi.no
    – The National Police Immigration Service (Politiets Utlendingsenhet) on behalf of the Ministry of Justice and the Police. Address: P.O. Box 2500 Grønland, N–0182 Oslo, Norway. Tel: +47 22 34 24 00 Telefax: +47 22 34 24 80 Email: politiets.utlendingsenhet@politiet.no
  2. For Bosnia and Herzegovina:
    – The Ministry of Security BiH. Address: Trg BiH 1, 71000 Sarajevo, Bosnia and Herzegovina. Tel: +387 33 213 623 Telefax: +387 33 213 628 Email: imig@mhrr.gov.ba

2. The following border crossing points shall be used for the implementation of this Agreement:

  1. For the Kingdom of Norway
    – Oslo Airport Gardermoen
    – Oslo (Central Railway Station and Harbour)
    – Halden (Crossing point Svinesund)
  2. For Bosnia and Herzegovina:
    – Sarajevo International Airport
    – Border crossing point Orasje

3. The Contracting Parties shall inform each other about any changes that occur with regard to these authorities.

4. The representatives of the competent authorities shall meet whenever necessary, upon request of one of the Contracting Parties, to analyse the modalities of applying this Agreement and shall agree upon the practical arrangements for its implementation (ref. Article 12 paragraph 1).

5. The competent authorities shall also agree upon other arrangements as may be required by the implementation of this Agreement, such as:

– details, documents substantiating evidence and measures necessary to carry out transfer and transit procedures;
– conditions of transportation in transit for a national of a third state under escort by the competent authorities;
– pieces of evidence on the basis of which it may be proven or assumed that the third country national has entered the territory of the Contracting Party directly from the territory of the other Contracting Party;
– 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 12
Expert commission

1. Both Contracting Parties shall secure mutual assistance with implementation and interpretation of this Agreement. Therefore they shall establish an expert commission with the following mandate:

  1. Supervision of implementation of the Agreement;
  2. Decision making on implementation of the agreements necessary for equal implementation of the Agreement;
  3. Recommendations for amendments to the Agreement.

2. The expert commission will consist of two representatives of authorised institutions of each Contracting Party.

ARTICLE 13
Final provisions

  1. This Agreement is concluded for an indefinite period.
  2. Each Contracting Party shall notify the other in writing, through diplomatic channels, on the fulfilment of the legal procedures necessary in its territory for the entry into force of this Agreement. The Agreement shall enter into force thirty days after the date of the latter of the two notifications.
  3. Each Contracting Party may, with the exception of cases falling under Article 2, suspend the implementation of this Agreement, on grounds of protecting national security, public order or public health, by notifying the other Contracting Party in written. Such notification shall be made without delay to the other Contracting Party through diplomatic channels and become effective as of the date specified in the notification. The Agreement shall enter into force again when the other Contracting Party has been notified by the Requesting Contracting Party that the grounds of suspension are no longer present.
  4. Each Contracting Party may, at any time, in compliance with its national legislation, propose amendments or additions to this Agreement. After the Contracting Parties have agreed upon such a proposal and signed the documents, the amendments or addition will come into force in accordance with paragraph 2 of this Article.
  5. Each Contracting Party may denounce this Agreement by giving written notification addressed to the other Contracting Party. The denunciation shall become effective on the first day of the second month following that when such written notification has been received by the other Contracting Party.
  6. This Agreement shall apply to all persons staying in the territory of the Contracting Parties as from the time on which this Agreement enter into force.

ARTICLE 14
Temporary entry into force

This Agreement will be temporarily applied from the first day of the month following the date of signing the Agreement.

Done at Oslo on 30 June 2005 in two original copies, each in Norwegian, the official languages of Bosnia and Herzegovina (Bosnian, Croatian and Serbian), and English, all texts being equally authentic. In the case of any difference in interpretation, the English text shall prevail.

Latest changes
  • New: 2005-06-30 Agreement between the Government of the Kingdom of Norway and the Council of Ministers of Bosnia and Herzegovina regarding readmission of own citizens and third country nationals (4/29/2014)

    The readmission agreement between Norway and Bosnia and Herzegovina that entered into force in 2007, is now available on the portal.

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

Editor in Chief: Stephan Mo