Agreement Between the Government of the Republic of Lithuania and the Government of the Kingdom of Sweden on Readmission of Persons
- Author: Government of the Republic of Lithuania and the Government of the Kingdom of Sweden
- Document source:
-
Date:
10 February 1997
The Government of the Republic of Lithuania and the Government of the Kingdom of Sweden, hereinafter referred to as the Contracting Parties,
desirous of facilitating the readmission of persons staying without authorization on the territory of the other Contracting Party, i.e. persons who do not fulfil the conditions in force for entry or residence, and of facilitating the transit of persons,
in a spirit cooperation and on the basis of reciprocity,
recalling the Convention of 4 November 1950 for the Protection of Human Right and Fundamental Freedoms,
recalling also the Convention of 28 July, 1951 on the Status of Refugees, as amended by the protocol of 31 January 1967, and the Convention 28 September 1954, relating to the Status of Stateless persons,
have agreed as follows:
Article 1
Definitions
For the purposes of this Agreement following definitions shall apply:
1. Alien: a person who is neither a Lithuanian nor a Swedish national,
2. Entry permit: a valid visa or residence permit or the like issued to an alien by a competent authority of a contracting party.
Article 2
Readmission of own nationals
1. Each Contracting Party shall, without formality, readmit a person who does not fulfil the conditions in force for entry or residence on the territory of the other Contracting Party provided that it is proved, or may be validly assumed, that he is a national of the first mentioned Contracting Party. The same shall apply to a person who, without having acquired the nationality of any state, has lost the nationality of a Contracting Party since entering the territory of the other Contracting Party.
2. Upon application by a Contracting Party the other Contracting Party shall, without delay, issue to the person to be readmitted a travel document required for his repatriation.
3. Provided that Article 3 or 4 does not apply, the requesting Contracting Party shall readmit such a person again under the same conditions if subsequent investigations prove that he was an alien when he departed from the territory of the requesting Contracting Party.
Article 3
Readmission of aliens who have been refused entry
A requested Contracting Party shall, without formality, readmit an alien who had been refused entry into the territory of the other Contracting Party when it is proved, or can be validly assumed, that he has arrived directly from the territory of the requested Contracting Party.
The return of the alien shall be effected without delay by the earliest available transportation facility.
Article 4
Readmission of aliens by the Contracting Party responsible for the entry
If an alien who has arrived into the territory of the requesting Contracting Party does not fulfil the conditions in force for entry and if that alien is in possession of a valid entry permit issued by the requested Contracting Party, that Contracting Party shall readmit the alien upon application by the requesting Contracting Party. If both Contracting Parties have issued an entry permit, responsibility shall reside with the Contracting Party the entry permit of which expires last.
Article 5
Time limits
1. A requested Contracting Party shall reply to a readmission request addressed to it without delay and in any case within a maximum of fifteen days.
2. The requested Contracting Party shall take charge of a person whose readmission has been agreed to without delay and in any case within a maximum of one month. Upon application by the requesting Contracting Party this time limit may be extended, should any legal or practical problem occur.
Article 6
Time limit after which a readmission obligation shall lapse
A request for readmission shall be submitted to the requested Contracting Party within a period of one year after the requesting Contracting Party has established an unauthorized entry or presence by and alien on its territory.
Article 7
Transit
A Contracting Party shall allow an alien to pass through its territory in connection with the enforcement of an order of refusal of entry or expulsion issued by a competent authority of the other Contracting Party provided that onward travel to the state of destination is assured.
Article 8
Data protection
Insofar as personal data have to be communicated in order to implement this Agreement, such information may concern only the following:
1. Particulars of the person to be transferred and, when necessary, of his family members, such as surname given nave, any previous name, nickname or pseudonym, alias, date and place of birth, sex, current and any precious nationality;
2. Passport, travel document, laissez-passer or any other identity document;
3. Other details needed to identify the person to be transferred;
4. Itineraries; and
5. Entry permits issued by one of the Contracting Parties or a third state.
Article 9
Costs
1. The costs of transporting a person, referred to in Article 2,3 and 4, shall be borne by the requesting Contracting Party as to the border of the other Contracting Party, unless the costs shall be borne by a transporting company.
2. The costs of transit, in accordance with article 7 as far as to the border of the state of destination and, when necessary, of return transport, shall be borne b the requesting Contracting Party.
Article 10
Implementation
1. The Contracting Parties shall notify each other, through diplomatic channels, about the competent authorities and contact persons who are responsible for the implementation of this Agreement. The Contracting Parties shall also notify each other about changes relating to such authorities or contact persons.
2. The competent authorities shall meet when necessary and decide on the practical arrangements necessary for the implementation of this Agreement.
Article 11
Relation to other international agreements
Nothing in this Agreement shall affect the rights and obligations of the Contracting Parties arising from other international agreements to which they are parties.
Article 12
Final clauses
This Agreement shall enter into force thirty days after the Contracting Parties have notified each other, through diplomatic channels, that their internal requirements for the entry into force of the Agreement have been fulfilled.
Each Contracting Party may temporarily suspend the implementation, in whole or in part, with exception of Article 2, of this Agreement for reasons of national security, public order or public health through written communication to the other Contracting Party. The suspension may enter into force immediately.
The Agreement may be denounced by Contracting Party by notification in writing, the denunciation taking effect one month after the date of the notification.
Done at Stockholm on 10 February 1997 in two originals, in Lithuanian, Swedish and English, all texts being equally authentic. In case of difference of interpretation the English text shall prevail.
For the Government of the Republic of Lithuania | For the Government of the Kingdom of Sweden |
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