Austria: Order of the Federal Minister of Internal Affairs of 1993 Concerning the Implementation of the Aliens Act (not in force)

The following regulations are issued pursuant to articles 12 (2), 14 (2), 33 (2) and (3), 34 (2), 46 (6), 47 (4), 64 (2), 65 (4), 79 and 87 (2) of the Aliens Act (FrG), Federal Law Gazette (FLG) No. 838/1992); with regard to articles 1 and 2, in agreement with the Federal Minister for Foreign Affairs:

SECTION 1 - TRANSIT PERMITS

Article 1

(1)  Nationals of the following States shall require a transit permit for transit through an Austrian airport:

1.              Iraq

2.              "Federal Republic of Yugoslavia" (Serbia and Montenegro)

3.              Libya

4.              Sri Lanka

5.              Bangladesh

6.              Pakistan.

(2)  Aliens as referred to in paragraph (1) shall not require a transit permit if their flight starts from an EC or EFTA State or from the United States of America, Canada, Australia or New Zealand.

(3)  The transit permit shall be displayed in the alien's travel document. Its period of validity shall be determined on the basis of the purpose of the journey; it may be issued for a maximum period of one year.

SECTION 2 - EXCEPTIONS TO THE VISA REQUIREMENT

Article 2

(1)  The following persons shall be exempt from the visa requirement:

1.              Guests of the Federal President, guests of the Presidents of the Lower and Upper Houses of the Austrian Parliament, guests of the Federal Government or of a member of the Federal Government or of a Land Governor, and persons accompanying such guests;

2.              Aliens wishing to render or enlist assistance in the federal territory in the event of disasters or catastrophes;

3.              Aliens entering the federal territory against their will in a conveyance driven or operated by another person;

4.              Aliens entering the federal territory by reason of force majeure;

5.              Aliens who, owing to temporary blockage of a route outside Austria, make use of the nearest route within the federal territory in order to travel from one foreign country to another via the federal territory;

6.              Participants in sports events encompassing more than one State, if in connection with any such event they travel from one foreign country to another via the federal territory;

7.              Crews and passengers of vessels in transit from one foreign country to another via the federal territory, provided that they do not disembark from the vessel during its stay in the federal territory;

8.              Crews and passengers of trains in transit from one foreign country to another via the federal territory, provided that it is not possible to alight from the train during its passage through the federal territory;

9.              Foreign border control officials acting in liaison with Austrian border control officials on official matters.

(2)  The following persons shall further be exempt from the visa requirement:

1.              Nationals of the United States of America;

2.              Nationals of Iceland;

3.              Nationals of Venezuela;

4.              Holders of British Hong Kong passports;

5.              Holders of diplomatic or official passports of the Holy See, and holders of ordinary passports of the Vatican City State;

6.              Holders of diplomatic passports of the Sovereign Order of the Knights of Malta;

7.              Holders of United Nations laissez-passer;

8.              Holders of European Community passports.

(3)  Aliens as referred to in subparagraphs (2) 1 to 6 shall, however, for purposes of entry into and residence in the federal territory require a visa for a period of one year following any entry refusal pursuant to article 32 (2) 2 of the Aliens Act.

SECTION 3 - SECURITY ARRANGEMENTS RELATING TO ENTRY REFUSAL

Article 3

(1)  The particulars to be communicated by the carrier pursuant to article 33 (3) of the Aliens Act are as follows:

1.              The name, date and place of birth, address and nationality of the alien;

2.              The type, period of validity, issuing authority and date of issue of the travel document;

3.              The type, period of validity, issuing authority and date of issue of the visa or transit permit.

(2)  The particulars specified in paragraph (1) shall be communicated without delay and within three days at the latest.

(3)  Such particulars may be communicated by the submission of photocopies or by the use of a printed form made available to the carrier.

Article 4

The Federal Minister of Internal Affairs shall notify the carrier, upon request, of those States whose nationals require a visa or transit permit for entry into Austria.

Article 5

The carrier shall not be ordered to effect any reimbursement of expenses if it arranges at its own expense for the alien's immediate exit. If applicable, the authority shall issue and present to the carrier a document in respect of any entry refusal in accordance with international practice.

Article 6

The Federal Minister of Internal Affairs shall inform the carrier of an office to which the particulars may be communicated at any time.

SECTION 4 - INTERNAL RULES RELATING TO DETENTION PENDING EXPULSION

Article 7

Except as otherwise provided for in article 47 of the Aliens Act, the Internal Rules for Custody in Police Jails, FLG No. 566/1988, shall be applicable in the implementation of orders for detention pending expulsion, but with the exception of those provisions that conflict with the purpose of detention pending expulsion, namely to provide a security arrangement, because such provisions relate more specifically to the execution of administrative penalties of imprisonment.

SECTION 5 - ALIEN'S IDENTITY CARDS WITH PHOTOGRAPH

Article 8

(1)  Alien's identity cards with photograph shall be issued in conformity with the specimen appearing in the annex.

(2)  Alien's identity cards may be issued in their present form until 31 March 1993.

SECTION6 - AUTHORIZATION OF BORDER CONTROL POINTS TO GRANT VISAS AND ISSUE VISA INVALIDITY DECLARATIONS

Article 9

The following border control points shall be authorized to issue ordinary and tourist visas and to declare such visas invalid:

Achenwald

Achleiten

Arnbach

Arnoldstein

Arnoldstein motorway

Balderschwang

Berg

Bonisdorf

Braunau am Inn

Brenner motorway

Brenner railway station

Brenner highway

Burghausen - Neue Brücke

Deutschkreutz

Drasenhofen

Dürrnberg

Ehrwald-Schanz

Feldkirch-Buchs

Gaissau

Gmünd railway station

Gmünd-Böhmzeil

Grametten

Graz airport

Hangendenstein

Hegyeshalom

Heiligenkreuz i. L.

Höchst

Hohenau

Hohenems

Hohenems-Dornbirn airfield

Hohenweiler

Hörbranz motorway

Innsbruck airport

Jennersdorf

Karawanken tunnel

Kiefersfelden motorway

Klagenfurt-Wörthersee airport

Kleinhaugsdorf Klingenbach

Kufstein

Kufstein railway station

Laa a. d. Thaya

Langegg

Langen

Lindau

Linz airport

Loibl tunnel

Lustenau

Marchegg

Mariahilf

Martinsbruck

Meiningen

Mureck

Nassfeldpass

Nauders

Neuhaus am Inn

Neunagelberg

Nickelsdorf

Obernberg

Passau railway station

Passau Danube landing stage

Pinswang

Plöckenpass

Radkersburg

Radlpass

Rattersdorf

Rosenbach

Saalbrücke

Salzburg main railway station

Salzburg airport

Schachendorf

Schalklhof

Scharnitz railway

Scharnitz highway

Schönbichl

Sicheldorf

Sillian railway

Simbach-Innbrücke

Sopron

Spielfeld motorway

Spielfeld railway

Spielfeld highway

Spiss

Springen

St. Margrethen

Steinpass

Suben motorway

Summerau

Thörl-Maglern

Tisis

Unterhochsteg

Walserberg motorway

Walserberg federal highway

Wegscheid

Weigetschlag

Wien-Praterkai Wien Schwechat airport

Wullowitz

Wurzenpass

SECTION 7 - SETTLEMENT OF COSTS

Article 10

Payment of the following costs shall be imposed (article 46 (6) and article 79 (1) and (2) of the Aliens Act):

1.     A flat-rate charge of 170 schillings for each day (or part thereof) of detention pending expulsion;

2.     Costs incurred in individual cases in connection with the enforcement of residence bans or deportation orders:

(a)           Rail or air tickets from the State border or airport;

(b)           Costs of any necessary accompanying officials on board aircraft;

(c)           Costs of transit under expulsion agreements or transit agreements.

SECTION 8 - Final provisions

Article 11

(1)  The present Order shall enter into force on 1 January 1993.

(2)  The Order of the Federal Minister of Internal Affairs of 26 August 1977 concerning the introduction of alien's identity cards with photograph, FLG No. 482, the Order of the Federal Minister of Internal Affairs of 11 January 1971 concerning exceptions to the visa requirement, FLG No. 16, as amended, and the Order of the Federal Minister of Internal Affairs of 27 January 1981 concerning the authorization of border control points to grant visas, FLG No. 71, as amended, shall cease to be in force at midnight on 31 December 1992.