AGREEMENT

BETWEEN

THE GOVERNMENT OF THE SLOVAK REPUBLIC

AND

THE SWISS FEDERAL COUNCIL

ON

THE READMISSION OF PERSONS RESIDING WITHOUT 

AUTHORISATION

A G R E E M E N T
BETWEEN THE GOVERNMENT OF THE SLOVAK REPUBLIC AND THE SWISS FEDERAL COUNCIL ON THE READMISSION OF PERSONS RESIDING WITHOUT AUTHORISATION

The Government of the Slovak Republic

and

The Swiss Federal Council

on behalf of the Slovak Republic and the Swiss Confederation,
hereinafter referred to as  “the Contracting Parties”,

with the aim of developing and promoting their cooperation, 

within the range of international efforts to combat illegal migration, 

in accordance with international treaties and agreements, 

on the basis of reciprocity,

have agreed as follows:

Chapter 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 validly presumed that this person possesses the nationality of the requested Contracting Party.

(2)	Nationality is proven to be or can be validly presumed on the basis of the documents listed in Article 2 of the Implementation Protocol concluded by the respective Ministries of both Contracting Parties, hereinafter referred to as “Implementation Protocol” pursuant to Article 21 of this Agreement.

(3)	The requesting Contracting Party shall readmit the person pursuant to paragraph 1 under the same conditions, if investigations later reveal that he/she did not in fact possess the nationality of the requested Contracting Party when he/she left the territory of the requesting Contracting Party.

ARTICLE 2

(1)	If the nationality of the person concerned is validly presumed in accordance with Article 2 paragraph 2 of the Implementation Protocol, the diplomatic mission or consular office of the requested Contracting Party shall issue immediately an emergency travel document for the purpose of readmission upon request of the requesting Contracting Party. 

(2)	If the documents submitted to validly presume the nationality are contested, or if no documents are available, the diplomatic mission or consular office in the territory of the requesting Contracting Party shall conduct a hearing of the person concerned within three (3) working days after the date of receipt of the request. The hearing shall be organised by the requesting Contracting Party in consultation with the consular office of the requested Contracting Party. When necessary, experts may be appointed to verify the nationality.

(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 mission or consular office shall issue immediately an emergency travel document, at the latest within four (4) working days after the hearing of the person concerned.

ARTICLE 3

(1)	The information which is to be contained in the written readmission request is set out in the Implementation Protocol.

(2)	The costs related to the transport of the readmitted person to the airport of the requested Contracting Party shall be borne by the requesting Contracting Party.

CHAPTER 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 a third-country national who does not fulfil or no longer fulfils the requirements for entry or stay applicable to the territory of the requesting Contracting Party, if it is proven or can be validly presumed that the third–country national directly entered the territory of the requesting Contracting Party after having stayed in, resided on or passed through the territory of the requested Contracting Party. “Direct entry” shall mean the entry of a third–country national to the territory of the requesting Contracting Party in a period of ten (10) days after leaving the territory of the requested Contracting Party.

(2)	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 validly presumed, in particular on the basis of a document or evidence provided for in Article 5 of the Implementation Protocol.

(3)	Each Contracting Party shall upon request of the other Contracting Party readmit without formality a third-country national who does not fulfil or no longer fulfils the requirements for entry or stay applicable to the territory of the requesting Contracting Party, if a third–country national is a holder of a valid visa or residence permit of any kind, issued by the competent authority of the requested Contracting Party.

(4)	The requesting Contracting Party shall readmit to its territory a third–country national when subsequent checks to his/her readmission to the territory of the requested Contracting Party reveal that he/she has not fulfilled the conditions provided for in this Article at the moment of his/her departure from the territory of the requesting Contracting Party.

(5)	The Contracting Parties shall make every effort to return a third-country national referred to in this Article directly to his/her country of origin.

ARTICLE 5

The readmission obligation pursuant to Article 4 shall not apply in respect of a third-country national

	a)	who has been the holder of a valid visa or a residence permit when he/she entered the territory of the requesting Contracting Party or whom has been issued a valid visa or residence permit by the requesting Contracting Party after his/her entry to its territory,

	b)	whose readmission has not been requested by the requesting Contracting Party within twelve (12) months after the entry to its territory or, it has been more than twelve (12) months after leaving the territory of the requested Contracting Party, unless he/she is the holder of a valid residence permit issued by the competent authority of the requested  Contracting Party, 

c)	whom the requesting Contracting Party has recognised as refugee, in accordance with the Geneva Convention of 28 July 1951 on the Status of Refugees, as amended by the New York Protocol of 31 January 1967,

	d)	whose country has a common border with the requesting Contracting Party,

	e)	who is subject to an enforceable removal decision taken by the requesting Contracting Party in a procedure not related to the readmission process,

	f)	who is the holder of a transit visa valid for the territory of the requested Contracting Party.

ARTICLE 6

(1)	The information which is to be contained in the readmission request is set out in the Implementation Protocol. 

(2)	The costs related to the transport of the third–country national to the airport of the requested Contracting Party shall be borne by the requesting Contracting Party.

CHAPTER III
TRANSIT

ARTICLE 7

(1)	Each Contracting Party shall upon request of the other Contracting Party permit the transit through its territory of the third-country national who is subject to removal or has been refused entry by the competent authority of the requesting Contracting Party. The transit shall be conducted by air.

(2)	The requesting Contracting Party shall assume full responsibility for the entire transit of a third-country national to the country of destination and shall readmit such a person if, for any reason, the journey cannot be continued.

(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:

a)	provide the escort itself,

b)	provide the escort in cooperation with the competent authority of the requesting Contracting Party,c)	authorise the competent authority of the requesting Contracting Party to provide an escort on its territory. 

ARTICLE 8

The request for a transit authorisation for removal purposes or following a refusal of entry shall be directly transmitted between the competent authorities of the Contracting Parties under the conditions specified by the Implementation Protocol. 

ARTICLE 9

(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)	During transit the escorting officers are responsible for the surveillance of a third-country national and ensure that he/she boards the airplane. They receive assistance from the competent authorities of the requested Contracting Party and are under the authority of the latter.

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

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

(5)	The Contracting Parties shall exchange all information at their disposal on all incidents related to the transit of a third-country national.
ARTICLE 10

         If during transit the person subject to a removal or to a refused entry has been denied boarding or if, for any reason, boarding is impossible, the requesting Contracting Party shall take back this person immediately or within twenty-four (24) hours at the most after arrival at the airport.

ARTICLE 11

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 State related to service regulations. 

ARTICLE 12

The 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 officers of that Contracting Party.

ARTICLE 13

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 during the transit be able to prove their identity, the nature of their mission and their official position, by showing the transit authorisation issued by the competent authority of the requested Contracting Party.

ARTICLE 14

(1)	The Contracting Parties reciprocally waive any claims for compensation due to the loss or damage of property belonging to them if the damage has been caused by an escorting officer in the performance of the transit. 

(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 the transit. Claims for compensation on the part of the officer or his/her dependents remain unaffected thereby.

(3)	If an escorting officer of Contracting Party causes damage to a third person in the performance of the transit 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 15

(1)	Request for transit for removal purposes or following an entry refusal can, in particular, be denied

	a)	if in the country of destination a third-country national risks being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion,

		b)	if in the country of destination a third-country national risks being accused of or sentenced for acts committed before transit,

		c)	if in a country of transit other than the Contracting Parties a third-country national risks being accused of or sentenced for acts committed before transit, except of cases of illegal crossing of borders.

(2)	A third–country national subject to transit may be removed to the requesting Contracting Party, if the facts referred to in paragraph 1 have been subsequently found out. 

ARTICLE 16

	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.

CHAPTER IV 
DATA PROTECTION

ARTICLE 17

(1)	The necessary data communicated for the purpose of implementation of this Agreement shall be protected pursuant to the national legislation of the Contracting Parties. 

(2)	Personal data communicated in relation to the readmission and the transit 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 documents (name and surname of the person, date of issue, name of the issuing authority, place of issue, date of expiry), 

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

	d)	residence permits and/or visa issued by one of the Contracting Parties or third countries,

	e)	stopovers and itineraries, travel tickets or travel documents.

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

(4)	Personal data may only be processed by the competent authorities responsible for implementing this Agreement and only for the purposes of 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. 

CHAPTER V 
TIME LIMITS
 
ARTICLE 18

(1)	The requested Contracting Party shall respond to a readmission request of its national without delay and within a maximum of two (2) working days from the date such request has been received. This time limit may be extended up to four (4) working days in case of Article 2 paragraph 2 of this Agreement. The rejection must be grounded in writing.

(2)	A national of the requested Contracting Party subject to a readmission request may not be handed over until the readmission request has been approved by the competent authority of the requested Contracting Party and the competent authority of the requesting Contracting Party shall be notified thereof. As a rule, the approval of the readmission shall be valid for thirty (30) days. This time limit may be extended after the consultation between the competent authorities of the Contracting Parties.

(3)	The requested Contracting Party shall respond to a readmission request of a third-country national without delay and within a maximum of five (5) working days from the date such request has been received. The rejection must be grounded in writing.

(4)	A third-country national subject to the readmission request may not be handed over until the readmission request has been approved by the competent authority of the requested Contracting Party and the competent authority of the requesting Contracting Party shall be notified thereof. As a rule, the approval of the readmission shall be valid for thirty (30) days. The time limit may be extended after the consultation between the competent authorities of the Contracting Parties.

(5)	The competent authority of the requesting Contracting Party shall inform the competent authority on the arrival of the readmitted person at least twenty-four (24) hours in advance.

(6)	The transit request must be submitted by the competent authority of the Contracting Party during working days, at least twenty-four (24) hours before transit or, in case where the transit shall be performed on Saturday, Sunday or public holiday, the transit request must be submitted seventy-two (72) hours before transit via secured communication measures, in particular by fax.

(7)	The competent authority of the requested Contracting Party shall reply without delay and within a maximum of twenty-four (24) hours during working days or the next working day if the transit request has been submitted on Saturday, Sunday or public holiday.

(8)	All the costs of the requested Contracting Party related to the application of this Agreement, in case they shall be borne by the requesting Contracting Party, shall be reimbursed within thirty (30) days after the receipt of invoice.

CHAPTER VI
GENERAL AND FINAL PROVISIONS

ARTICLE 19

	Any readmission or transit request is to be  transmitted via secured communication channels, in particular by fax, directly to the competent authority. 

ARTICLE 20

	        The provisions of this Agreement and its Implementation Protocol related to a third-country national shall be applicable also to a stateless person, in accordance with the New York Convention on the Status of Stateless Persons of 28 September 1954, except if this status has been granted by the requesting Contracting Party.

ARTICLE 21

	Ministry of Interior of the Slovak Republic and the Federal Department of Justice and Police of the Swiss Confederation shall conclude the Implementation Protocol which shall enter into force at the same time as this Agreement, and in which they shall determine the airports for readmission and transit as well as the competent authorities responsible for the implementation and application of this Agreement. 

ARTICLE 22

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

(2)	Each Contracting Party may request the convocation of a meeting of experts of both Contracting Parties for the clarification of any questions arising in the implementation and application of this Agreement.

(3)	The Contracting Parties shall settle the difficulties related to the implementation and application of this Agreement via diplomatic channels.

ARTICLE 23

(1)	The provisions of this Agreement shall not affect the obligations of readmission or handover of persons arising for the Contracting Parties from the other international agreements by which they are bound.

(2)	The provisions of this Agreement shall not affect the obligations arising from the Geneva Convention of 28 July 1951 on the Status of Refugees, as amended by the New York Protocol of 31 January 1967.

(3)	The provisions of this Agreement shall not affect the international agreements by which the Contracting Parties are bound in the field of human rights protection.

(4)	The provisions of this Agreement shall not affect the obligations arising from the international agreements on legal assistance and extradition by which the Contracting Parties are bound.

ARTICLE 24

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

ARTICLE 25

(1)	This Agreement is concluded for an indefinite period.

(2)	This Agreement shall enter into force on the thirtieth (30) day after the date of the last notification through which the Contracting Parties inform each other on the fulfilment of the national requirements necessary for the entry into force of this Agreement.

(3)	Each Contracting Party may suspend this Agreement in whole or in part, for the reason to protect national security, public order or public health, except of provisions of Chapter I. Each Contracting Party shall inform the other Contracting Party forthwith on the adoption or cancellation of such a measure via diplomatic channels. The suspension of the application of the Agreement shall become effective on the date of receipt of the notification by the other Contracting Party. The Contracting Parties shall inform each other on the further application of this Agreement via diplomatic channels.

(4)	Each Contracting Party may propose the amendments of this Agreement or its Implementation Protocol. They shall enter into force pursuant to paragraph 2.

(5)	Each Contracting Party may denounce this Agreement in writing via diplomatic channels. The Agreement shall cease to apply on the ninetieth (90) day after the receipt of the denouncement notification by the other Contracting Party. The denouncement shall also apply to the Principality of Liechtenstein.

Done at................... on……………2006 in two original copies in the Slovak language, German language and English language. In case of divergence in the interpretation of this Agreement the English version shall prevail.

For the Government of the 
Slovak Republic	For the Swiss Federal Council