Communication from the Ministry of Foreign Affairs No. 120 / 2024 Coll.

Q: Is Communication from the Ministry of Foreign Affairs No. 120 / 2024 Coll. still valid?

Yes, Communication from the Ministry of Foreign Affairs No. 120 / 2024 Coll. is still valid and effective.

120

COMMUNICATION

Ministry of Foreign Affairs

on the negotiation of the Treaty between the Government of the Czech Republic and the Government of the Republic of Uzbekistan on the readmission and transit of persons

The Ministry of Foreign Affairs announces that on 11 October 2023 a contract was signed in Prague between the Government of the Czech Republic and the Government of the Republic of Uzbekistan on the readmission and transit of persons 1).

The Parliament of the Czech Republic agreed to the Treaty and the President of the Republic ratified the Treaty.

Article 19 (1) of the Treaty entered into force on 1 May 2024.

The Czech version of the Treaty and the Russian version, which is relevant for its interpretation, are hereby published simultaneously.

Minister:

z. JUDr. Smolek, Ph.D., LL.M., v. r.

Head of Legal and Consular Section

TREATY

BETWEEN THE GOVERNMENT OF THE CZECH REPUBLIC

AND THE GOVERNMENT REPUBLIC OF Uzbekistan

RESEARCH AND TRANSPORT OF PERSONS

Government of the Czech Republic and Government of the Republic of Uzbekistan, hereinafter jointly referred to as "the Parties' and separately as" the Party ',

led by efforts to develop partnership and cooperation between the two States in different areas, including the fight against illegal migration,

Believed that the introduction by the Parties of agreed principles and standards governing the procedure for the return, reception and transfer of persons located in the territory of the States of the Parties contrary to the legislation in force on the entry and residence of foreign citizens and non-nationals is an important part of the regulation of migration processes and the contribution to combating illegal migration,

respecting national law and the international obligations of the States of the Parties,

agree on the following:

Definitions

For the purposes of this Treaty:

(1) "readmission" means the return by the requesting Party of citizens of the State of the requested Party, citizens of third States or non-nationals who have been found to be illegally entering or staying in the territory of the requesting Party, the requesting Party and their acceptance by the requested Party in accordance with the provisions of this Treaty;

(2) "requesting party" means a party submitting an application for readmission pursuant to Article 5 of this Treaty or an application for transit pursuant to Article 12 of this Treaty;

(3) "requested party" - the party addressed by the readmission application referred to in Article 5 of this Treaty or the transit application referred to in Article 12 of this Treaty;

(4) "citizen of a third State" means a person who has citizenship other than that of the States of the Parties;

(5) "non-citizen" means a person who does not have citizenship of the States of the Parties and has no proof of citizenship of another State;

(6) "residence permit" means a permit of any kind issued by the competent authorities of the Parties authorising a person to reside in the territory of the States of the Parties, with the exception of a temporary residence permit in connection with the processing of an application for asylum or an application for a residence permit;

(7) "visa" - an authorisation issued by the competent authorities of the Parties required to enter or transit through the territory of the States of the Parties, with the exception of an airport transit visa;

(8) 'transit' means the transit through the State of the requested Party of third-country nationals or persons without citizenship from the State of the requesting Party to the State of destination;

(9) "competent authority" means the authority of the State of the Party referred to in the Protocol implementing this Treaty, which is responsible for the implementation of this Treaty;

(10) "personal data" means any information received by the parties for the purposes of implementing this Treaty relating to a designated or identifiable natural person.

Readmission of citizens of the States of the Parties

1. The requested Party shall, at the request of the requesting Party in the framework of this Treaty, take back to the territory of its State a person who does not fulfil or no longer fulfils the conditions for entry or residence in the territory of the requesting Party if he is found to be a citizen of the State of the requested Party.

2. The requested Party shall take back, at the same time as the persons referred to in paragraph 1 of this Article:

- minor single children, irrespective of their place of birth or citizenship, unless they have an independent right of residence in the territory of the requesting Party;

- spouses who have different citizenship, provided that they have the right to enter or stay in the territory of the State of the requested Party or acquire that right, unless they have an independent right of residence in the territory of the State of the requesting Party.

3. The requested Party shall, where appropriate, issue a travel document with a minimum period of validity of 6 months to the person whose readmission has been approved, whatever its will, within 7 calendar days of the date of acceptance of the readmission. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document, the requested party shall extend the validity of the travel document within 14 calendar days or, if necessary, issue a new travel document with the same period of validity. If, within 14 calendar days, the requested Party does not issue or extend a new travel document, the requested Party shall agree to use the document which has expired.

Readmission of citizens of third States and persons without citizenship

1. The requested Party shall, at the request of the requesting Party in the framework of this Treaty, take back to the territory of its State a citizen of a third State or a non-national who does not fulfil or no longer fulfils the conditions for entry or residence in the territory of the requesting Party, provided that evidence is provided that such person:

1) illegally entered the territory of a State of one Party directly from the territory of the State of the other Party; or

(2) hold a valid residence permit or stateless status issued by the requested Party at the time of entry; or

(3) hold a valid visa issued by a requested party at the time of entry and entered the territory of the requesting Party directly from the State of the requested party.

2. The readmission obligation referred to in paragraph 1 of this Article shall not apply if:

(1) a citizen of a third State or a person without citizenship is located only in the transit area of an international airport in the territory of the State of the requested Party; or

(2) the requesting party has issued a visa or residence permit to a citizen of a third State or a person without citizenship before or after entry into its territory, unless:

- that person holds a visa or residence permit issued by a requested party with a longer period of validity; or

- the visa or residence permit issued by the requesting party is obtained on the basis of forged documents;

(3) a citizen of a third State or a person without citizenship does not need a visa to enter the territory of the requesting Party.

3. Upon receipt of a positive reply from the requested Party to the request for readmission, the requesting Party shall issue a travel document recognised by the requested Party to the person whose readmission has been approved.

Readmission by mistake

The requesting Party shall readmit the person taken over by the requested Party if it is established within 3 months of its transmission that the conditions laid down in Articles 2 or 3 of this Treaty have not been met. In such cases, the procedural provisions of this Treaty shall apply mutatis mutandis and the requested Party shall transmit all available information concerning the identity and citizenship of the person to be readmitted.

Request for readmission

1. Without prejudice to paragraph 2 of this Article, any transfer of a person to be readmitted under one of the commitments referred to in Articles 2 and 3 of this Treaty shall require the submission of a readmission application to the competent authority of the requested party.

2. An application for readmission shall not be necessary if the citizen of the State of the Party to be readmitted holds a valid travel document or identity document. An application for readmission shall not be necessary if a citizen of a third State or a person without citizenship to be readmitted holds a valid travel document and also holds a valid visa, residence permit or stateless status issued by the requested person. aside.

3. The readmission application shall include in particular:

(1) any available data on the person to be readmitted in accordance with the Protocol for the implementation of this Treaty;

(2) the means of proof referred to in Article 6 or 7 of this Treaty.

4. An application for readmission should also include, where appropriate:

(1) a statement that the person to be transferred may need assistance or health care;

(2) information on any other safeguard and safety measures, including public health measures, which may be necessary in a particular case of transmission.

Evidence of citizenship

1. Citizenship as referred to in Article 2 (1) of this Treaty may be demonstrated by at least one of the documents listed in Annex 1 to this Treaty, even if they have expired. When submitting these documents, the Parties shall recognise citizenship without further verification.

2. Where none of the documents listed in Annex 1 to this Treaty can be presented, citizenship referred to in Article 2 (1) of this Treaty may be demonstrated by at least one of the documents listed in Annex 2 to this Treaty, even if they have expired. When these documents are presented, the parties shall consider citizenship to be proven if it cannot be shown otherwise.

3. Citizenship cannot be proven by forged documents.

4. If none of the documents listed in Annexes 1 and 2 to this Treaty can be presented, the diplomatic representation or consular post of the requested party shall, upon receipt of the request for readmission from the competent authority of the requesting party, take appropriate measures without delay to establish the citizenship of the person to be readmitted.

Means of demonstrating compliance with the conditions for readmission of third-State citizens or stateless persons

1. The conditions for the readmission of a citizen of a third State or a non-national pursuant to Article 3 (1) of this Treaty may be demonstrated by the submission of at least one of the documents listed in Annex 3 to this Treaty. Upon presentation of such evidence, the Parties shall recognise compliance with the conditions established without further verification.

2. Compliance with the conditions for readmission of a citizen of a third State or a person without citizenship pursuant to Article 3 (1) of this Treaty may be proved indirectly by the submission of at least one of the documents listed in Annex 4 to this Treaty. Where such evidence is provided, the parties shall consider that the conditions have been established unless it can be shown otherwise.

3. Compliance with readmission conditions cannot be demonstrated by falsified documents.

Time limits for submission and assessment of readmission requests

1. The request for readmission shall be submitted to the competent authority of the requested Party within a period not exceeding 6 months from the date on which the competent authority of the requesting Party became aware that a citizen of a third State or a person without citizenship did not meet or ceased to comply with the conditions for entry or residence. Where there are obstacles to the submission of an application within the time limit set, the time limit shall be extended, upon a reasoned request, until such obstacles have been removed.

2. The requested Party shall respond to the readmission request without undue delay, in any event within 30 calendar days of the date of receipt of the request. Where there are obstacles to responding to a request within the time limit set, the period shall be extended to up to 60 calendar days following a reasoned request.

3. Where no reply is sent within the time limits referred to in paragraph 2 of this Article, the readmission application shall be deemed to have been approved.

4. The reasons for refusing the readmission request shall be communicated to the requesting Party.

Readmission time limits

1. Unless otherwise agreed by the competent authorities of the Parties in a particular case, the transfer of persons whose readmission has been agreed upon by the requested Party shall take place within 30 days of the date of receipt of such consent to the requesting Party.

2. The period referred to in paragraph 1 of this Article may be extended if the persons concerned could not be transferred to the competent authorities of the requested party due to the circumstances objectively impeding the return, including the serious illness of the person to be transferred, or if the place of residence in the State of the requesting party cannot be established in due time.

Means of transmission and transport

1. The competent authorities of the Parties shall agree in advance on the date of the transfer, the place of crossing of the national borders, the escort, if any, and other issues relating to the transfer before the transfer of the person to be readmitted.

2. Air or land transport may be used to transfer the person to be readmitted.

3. Where a person to be readmitted needs assistance or health care due to his or her health or age or where other protective or safety measures are required, the surrender shall be carried out with an escort. The accompanying persons shall be exempt from the obligation to have an airport transit visa.

Principles of transit

1. The requested Party shall authorise the transit of citizens of third States or non-nationals, provided that a further journey of such persons is ensured through the territory of other States of transit and take-over in the State of destination.

2. The requested Party may refuse transit,

(1) where a citizen of a third State or a person without citizenship is in danger of torture, inhuman or degrading treatment or punishment, death penalty or persecution on the basis of race, religion, nationality, belonging to a particular social group or political beliefs in a State of destination or another transit State; or

(2) where a citizen of a third State or a person without citizenship in the State of the requested party or other transit State may be the subject of criminal prosecution or punishment; or

(3) on grounds of public health, internal security, public order or other national interests of the State of the requested Party.

3. The requested Party may withdraw any authorisation granted, if the circumstances referred to in paragraph 2 of this Article arise or if no further journey through the territory of other States of transit or taking over by the State of destination is already ensured. In this case, the requesting Party shall immediately readmit a third-State national or a non-national.

Transit procedure

1. The request for transit shall be submitted in writing to the competent authority of the requested Party no later than 10 calendar days before the expected start of the transit and shall include the following information:

(1) the method of transit, the route of transit, any other States of transit and the State of destination;

(2) any available data on the person accompanying it;

(3) the estimated place of crossing the national borders, the time of transmission and the possible use of the escort;

(4) a statement by the requesting party that, in its view, the conditions laid down in Article 11 (1) of this Treaty are met and that there are no grounds for refusing transit pursuant to Article 11 (2) of this Treaty.

2. The competent authorities of the requested Party shall, within 5 working days of receipt of such a request, notify the competent authorities of the requesting Party in writing of the consent to the transit, confirm the place of crossing of the national borders and the estimated time of the transfer of the person, or inform them of the refusal of transit and of the reasons for such refusal.

3. In the case of air transit, the accompanying person and the members of any escort shall be exempt from the obligation to obtain transit visas.

4. The competent authorities of the requested Party shall assist in the transit operations, in particular the supervision of accompanying persons and the provision of adequate facilities.

Where the transit of a person is not possible by air, the competent authorities of the requesting party shall transmit the accompanying person at the border crossing point to the competent authorities of the requested party. The competent authorities of the requested Party shall ensure the transfer of a person to the State of destination or to another State of transit.

5. The members of the accompanying party shall carry a copy of the document confirming the consent of the requested party to the transit. Members of the accompanying party shall exercise no powers in the territory of the State of the requested party and shall not be armed.

Costs

All costs incurred in connection with the readmission and transit operations referred to in Article 2 (1), Article 3 (1) and Article 11 (1) of this Treaty, up to the border crossing point at the border of the State of destination, as well as the costs of the requested party relating to the return of persons in accordance with Article 4 of this Treaty shall be borne by the requesting Party.

The costs of issuing the travel document shall be borne by the party issuing the travel document.

Protection of personal data

Personal data shall be transmitted only where necessary for the implementation of this Agreement by the competent authorities of the Parties. The competent authorities of the Parties shall comply with national law when transferring, processing and using personal data.

At the same time, the following principles shall apply:

1) Personal data shall be collected for a specific, defined and legitimate purpose relating to the implementation of this Treaty and shall not be further processed by the competent authority receiving personal data in a manner incompatible with that purpose.

2) Personal data shall be proportionate, substantial and not excessive in relation to the purpose for which they are collected and / or further processed. The personal data transmitted may in particular include only the following:

- details of the readmitted or associated person (names, surnames, other names used or names under which the person is known, or aliases, sex, status, date and place of birth, current and all previous citizenship);

- details of passport, identity card or driving licence and other identity documents or travel documents (number, duration, date of issue, issuing authority, place of issue);

- stops and route;

- other information needed to identify the readmission or associated person, or to verify compliance with the requirements for readmission or transit under this Treaty, and to ensure readmission or transit of the person.

3) Personal data must be accurate and updated as necessary.

(4) Personal data shall not be stored in a form which allows the identification of persons on the basis of such data for longer than is necessary for the purpose for which they were collected or for which they are further processed.

(5) The competent authority transmitting the personal data and the competent authority receiving the personal data shall take all necessary measures to ensure, where appropriate, the rectification, erasure or blocking of personal data, where their processing is not in accordance with the provisions of this Article, in particular where the data are not adequate, substantial or accurate for the purpose of processing them or go beyond that purpose. This includes notification of any correction, erasure or blocking of such data to the other Party.

(6) The competent authority receiving the personal data shall, on request, inform the competent authority transmitting the personal data of the use of the data transmitted and the results obtained thereby.

7) Personal data may only be transmitted to the competent authorities. Further transfers to other authorities shall require prior written consent from the competent authority transmitting the personal data.

8) The competent authority transmitting the personal data and the competent authority receiving the personal data shall keep a written record of the transmission and receipt of the personal data.

(9) The person whose data are transmitted shall have the right to request and obtain information on the data transmitted in accordance with the national law of the State of the Party which has been requested to provide such information.

Protocol to the implementation of the contract

The Parties shall conclude a Protocol for the implementation of this Treaty containing in particular:

(1) the readmission and transit forms referred to in Articles 5 and 12 of this Treaty;

(2) the competent authorities responsible for the implementation of this Treaty, including how they communicate with each other;

(3) the border crossing points of the States of the Parties to be used for the implementation of this Treaty;

(4) a detailed breakdown of the costs referred to in Article 13 of this Treaty and the arrangements for their reimbursement.

Relationship with other international agreements

This Treaty shall be without prejudice to the rights and obligations of the States of the Parties arising from other international treaties by which they are bound.

Dispute settlement

Any dispute concerning the interpretation or implementation of the provisions of this Treaty shall be settled by negotiation and consultation between the Parties.

Amendments to the contract

The Parties may agree on amendments and additions to this Treaty, which shall form an integral part thereof, to form separate protocols and to enter into force in accordance with the procedure laid down in Article 19 of this Treaty.

Final provisions

1. This Treaty shall enter into force on the first day of the second month following receipt of the subsequent written notification sent by diplomatic channels by which the Parties inform each other of the fulfilment of the national legal procedures required for the entry into force of this Treaty.

2. This Agreement shall be concluded for an indefinite period of time and shall expire six months after the date on which the written notification of the other Party's intention to terminate the Agreement is served on one side by diplomatic means.

Dane in Prague on 11 October 2023 in two copies in Czech, Uzbek, Russian and English, all texts being equally authentic. In the event of any differences in the interpretation of the provisions of this Treaty, the Russian text shall prevail.

For the Government

Czech Republic

Vít Austušan v. r.

Minister of Interior

For the Government

Republic of Uzbekistan

Bakhromjon Aloyev v. r.

Deputy Minister

Foreign affairs

Příloha 1

Annex 1

Agreements between the Government of the Czech Republic and the Government of the Republic of Uzbekistan on readmission and transit of persons

LIST OF PROJECTS OF STATE CITIZENSHIP

(Article 6 (1) of this Treaty)

For the Czech Republic

- travel document of any kind (passport, diplomatic passport, service passport, passport);

- Czech ID.

For the Republic of Uzbekistan:

- diplomatic passport;

- passport of a citizen of the Republic of Uzbekistan;

- biometric passport of a citizen of the Republic of Uzbekistan;

- the biometric passport of a citizen of the Republic of Uzbekistan for travel abroad;

- birth certificate (for children under 16 years);

- a citizen of the Republic of Uzbekistan under 16 years of age;

- ID card of citizen of the Republic of Uzbekistan;

- certificate for return to the Republic of Uzbekistan.

Příloha 2

Annex 2

Agreements between the Government of the Czech Republic and the Government of the Republic of Uzbekistan on readmission and transit of persons

GENERAL LIST OF PROJECTS OF STATE CITIZENSHIP

(Article 6 (2) of this Treaty)

- copies of any of the documents listed in Annex 1 to this Treaty;

- a certificate of citizenship or a copy thereof;

- a sailor's book or a copy thereof;

- a driving licence or a copy thereof;

- the birth certificate or a copy thereof;

- any official document which mentions or indicates citizenship or copies thereof;

- an employee card or a copy thereof;

- witness statements;

Citation	Communication from the Ministry of Foreign Affairs No. 120 / 2024 Coll., on the Agreement between the Government of the Czech Republic and the Government of the Republic of Uzbekistan on readmission and transit of persons
Regulation Type	International Treaty
Author	-
Collection	Code of Laws

Date of Promulgation	16.05.2024
Effective from	01.05.2024
Effective until	-
Status	Valid

Communication from the Ministry of Foreign Affairs on the Treaty between the Government of the Czech Republic and the Government of the Republic of Uzbekistan on readmission and transit of persons

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Příloha 1

Příloha 2

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