Communication from the Ministry of Foreign Affairs No. 150 / 1993 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on joint action on the residence of foreigners from third countries in the Czech Republic and in the Slovak Republic
Valid
Effective from 01.01.1993
150
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 29 October 1992 the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on joint action on the residence of foreigners from third countries in the Czech Republic and in the Slovak Republic was signed in Prague.
The Agreement entered into force on 1 January 1993 pursuant to Article 18 thereof.
The Czech version of the Agreement is hereby published at the same time.
AGREEMENT
between the Government of the Czech Republic and the Government of the Slovak Republic on joint action on the residence of foreigners from third countries in the Czech Republic and in the Slovak Republic
Government of the Czech Republic and Government of the Slovak Republic
Wishing to facilitate and unify cooperation between the competent authorities of both Contracting Parties in the stay of foreigners from third countries in the Czech Republic and in the Slovak Republic,
intended to regulate, in the spirit of good neighbourly relations, the taking-over of foreigners from third countries at common national borders,
agree on the following:
TERRITORY OF THE CZECH REPUBLIC AND THE REPUBLIC OF SLOVAKIA
Both Parties shall assume the commitments contained in the agreements on the residence of foreigners concluded by the Czech and Slovak Federal Republic.
The Contracting Parties shall jointly proceed with the conclusion of new visa waiver or visa waiver agreements by which they are bound. Each Contracting Party shall immediately inform the other Contracting Party, through diplomatic channels, of the termination of the visa waiver contract, to which it is bound by a third State.
The competent authorities of the Contracting Parties shall apply the same principles for the residence of foreigners from third States; a residence ban imposed on aliens from a third State in one Contracting Party shall also apply in the territory of the other Contracting Party.
The competent authorities of the Contracting Parties shall apply the same procedure to third-country foreigners with whom the Contracting Parties have not entered into agreements on the residence of aliens.
The Contracting Parties shall ensure that administrative charges relating to the residence of third-country aliens are levied and levied on their territory at the same level.
The competent authorities of the Contracting Parties shall, upon request, transmit to each other information from previously maintained or newly created registers on foreigners. In doing so, the authorities of the Contracting Parties shall be based on the relevant national provisions.
The competent authorities of the Contracting Parties shall conclude a contract on a common procedure for the implementation of obligations under international refugee agreements concluded by the Czech and Slovak Federal Republic.
TRANSMISSION FROM THIRD COUNTRIES TO COMMON STATE BORDERS
(1) Each Contracting Party shall take over an alien from a third State which has proven to have entered the territory of the other Contracting Party illegally from its territory.
(2) The request for takeover shall be submitted within three days of the date of the detection of the presence of the competent authorities of the Contracting Parties and shall contain information showing that the national border has been crossed in a credible manner within 90 days of the arrival of the alien from the territory of the other Contracting Party. This period may be extended only in the case of legal obstacles, by the period for which such obstacles last. The takeover of a third-State alien shall take place on the basis of a declaration of acceptance issued by the requesting Contracting Party. A statement as to whether an alien from a third State will be taken over shall be sent no later than seven days after the request has been lodged.
(3) Each Contracting Party shall, without formalities, take over a third-State alien if it is clearly established that he has unlawfully entered the territory of the other Contracting Party without formalities and that Party has requested the readmission without formalities within 48 hours at the latest.
(4) If it is found within 30 days of the receipt that a third-State alien has not travelled from the territory of the State of the requested Contracting Party, he shall be withdrawn.
(5) If the alien to be transferred does not have his own funds, the transport costs shall be borne up to the national borders of the Contracting Parties by the Contracting Party in whose territory the alien is staying.
(6) The proof referred to in paragraph 1 shall be deemed to be:
(a) if the alien is the holder of a valid travel document from which it can be established that he has entered the territory of the State of the requesting Contracting Party from the territory of the State of the other Contracting Party;
(b) if the alien does not have a travel document, but the authorities of the State of the requesting Contracting Party can prove to the satisfaction that the alien has entered their territory from the territory of the State of the other Contracting Party. The evidence of credibility shall be furnished by a statement, in substance or in paper or other evidence, which shall be recognised by the requested Party in a particular case.
(1) The Contracting Parties shall take over foreign nationals from a third State for transit by police if the other Contracting Party so requests and ensures their takeover in the country of destination or, where appropriate, in other States of transit.
(2) Police transit may be refused, in particular if foreigners from a third State:
(a) there is a risk of persecution by reason of race, religion, nationality, belonging to a particular social group or for political conviction in the target or, where appropriate, in another transit State; This does not apply if an alien in the State of the Contracting Party requesting transit endangers the security of the State or has been convicted of a particularly dangerous offence,
(b) there is a threat of criminal prosecution in the requested State.
(3) The request for police transit is submitted and handled by the designated authorities of the Contracting Parties.
(4) If the requested party has rejected the request for police transit due to a lack of the necessary conditions, it shall inform the requesting Contracting Party of the reasons for the refusal.
(5) Aliens from a third State may be returned to the requesting Contracting Party if the facts which make police transit impossible are subsequently found or occur.
(6) The requested Contracting Party shall conduct the police traffic in a manner which it considers most appropriate.
(7) The costs incurred in connection with the police carriage, including any return of a third-State alien, shall be borne by the requesting Contracting Party.
IMPLEMENTATION
Each Contracting Party shall assume the obligations arising out of international agreements concluded by the Czech and Slovak Federal Republic on border clearance conditions where such agreements concern their national borders.
The competent authorities of the Contracting Parties shall coordinate with each other at their international airports the measures resulting from the implementation of commitments under international civil aviation agreements.
The competent authorities of the Contracting Parties shall proceed in agreement with the authorisation of imports, exports and transit of arms and ammunition.
The competent authorities of the Contracting Parties shall cooperate and, by mutual agreement, take joint action on the border inspection of persons, in particular in the detection of falsified or unauthorised travel documents and visas.
COMMON AND FINAL PROVISIONS
For the purposes of this Agreement, stay shall mean entry, stay and exit from the territory of the States of the Contracting Parties.
In order to implement this Agreement, the competent authorities of the Contracting Parties may adopt appropriate arrangements.
Each Contracting Party may suspend, in whole or in part, the application of the above provisions of the Agreement for reasons of state security, public policy or health protection. This suspension shall be notified immediately by diplomatic channels to the other Contracting Party.
This Agreement shall be negotiated for an indefinite period. The Contracting Parties may at any time denounce it in writing by diplomatic channels, the Agreement being terminated six months after the date of receipt of the notice.
This Agreement shall enter into force on 1 January 1993.
Dane in Prague on 29 October 1992 in two copies, each in the Czech and Slovak languages, both texts being equally authentic.
For the Government of the Czech Republic:
Václav Klaus v. r.
For the Government of the Slovak Republic:
Vladimir Meciar v. r.
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No 150 / 1993 Coll., on the negotiation of the Agreement between the Government of the Czech Republic and the Government of the Slovak Republic on a common procedure for the residence of foreigners from third countries in the Czech Republic and in the Slovak Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.05.1993 |
|---|---|
| Effective from | 01.01.1993 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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