Decree No. 23 / 1958 Coll.
Decree on the Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on border agents with the Final Protocol
Valid
Effective from 04.07.1957
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23
Decree of the Minister for Foreign Affairs
of 3 March 1958
concerning the Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on border agents with the Final Protocol.
The Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on border agents with the Final Protocol was negotiated in Prague on 13 October 1956.
The Government approved the Agreement with the Final Protocol on 19 June 1957. The approval of the Agreement with the Final Protocol by the Government of the People's Republic of Hungary was communicated by a note dated 11 March 1957 and its approval by the Government of the Czechoslovak Republic was communicated by a note dated 4 July 1957.
Pursuant to Article 29 (1) of the Agreement, the Final Protocol entered into force on 4 July 1957.
The Czech version of the Agreement with the Final Protocol is announced in the Annex to the Collection of Laws. *)
David v. r.
AGREEMENT
between the Government of the Czechoslovak Republic and the Government of the Hungarian People's Republic on border agents
The Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary, wishing to regulate cooperation in the protection of national borders, have decided to conclude an agreement on border agents.
To that end, they appointed their agents:
Government of the Czechoslovak Republic, Major General Louis Hlaváček, Deputy Minister of the Interior,
the Government of the People's Republic of Hungary, Mihala Gábri, First Deputy Minister of the Interior.
After the exchange of their full powers, found in good and proper form, the authorities agreed as follows:
1. In order to clarify the incidents which took place in the protection of national borders, to carry out joint preliminary inquiries into the events to be discussed by diplomatic means, to organise mutual assistance and cooperation between the border authorities of the Czechoslovak Republic and the Hungarian People's Republic and to ensure order at national borders, both parties shall establish special bodies - border agents and representatives of border agents.
2. Border agents and their representatives shall appoint and, by mutual agreement, determine their number, the sections of their competence, by the Ministers of the Interior of both Parties.
1. The activities of border agents shall be managed by the central border authorities with the Czechoslovak parties, with the Hungarian parties the border guard commander.
2. The authorities of the Parties referred to in paragraph 1 shall inform each other of the appointment of border agents, their representatives, their posts, the interface of their sections, as well as any changes.
1. Border agents will jointly discuss, investigate and take the necessary measures, in particular in cases of:
(a) incidents and events which do not require settlement through diplomatic channels;
(b) carrying out joint preliminary enquiries on events requiring diplomatic consultation;
(c) minor damage in kind at national borders;
(d) shootings across national borders within the territory of the other State;
(e) joint specification of the progress of national borders in the field on the basis of border technical documents;
(f) keeping the border signs and the border lane in good condition;
(g) theft, transfer, refutation, damage or destruction of border signs;
(h) non-compliance with the Treaty concerning the regime at national borders;
(i) the crossing of the farm animal into the territory of the other State.
2. The important task of border agents is to lead the effort against the intruders of state borders. Border agents therefore assist each other in particular in cases
(a) breaches of national borders by persons, vehicles, vessels or aircraft;
(b) unintentional crossing of national borders;
(c) the transmission of reports on measures relating to the distortion of national borders;
(d) infringement of the Danube regime in terms of border control;
(e) mutual communication on economic work at national borders;
(f) small border traffic;
(g) fishing in frontier waters.
The representative of the border agent shall carry out the tasks assigned to him by the border agent on his territory.
Borders' agents and their representatives shall be reported with the models set out in Annex 1 and Annex 2 to this Agreement. They issue ID cards on both sides of the Ministry of Interior.
The interaction between border agents shall take place in writing or in direct meetings.
The documents shall be forwarded to border agents at the places specified by them. The means of transmission of correspondence shall be agreed upon.
1. The meeting shall be proposed by the border agent by written or oral notification to the border agent of the other Party, indicating the place and time of the meeting, the questions he proposes to discuss and the persons present. The answer shall be given as soon as possible and within 48 hours at the latest. It may propose other periods of the meeting and specify other questions to be discussed.
2. A border agent shall be obliged to attend each meeting in person. If he is unable to attend the meeting for exceptional reasons, he shall send a representative to the meeting, which shall be notified in advance by the border agent of the other Party.
3. A border agent may add to the proceedings the persons (secretaries, interpreters, experts, witnesses) needed to do so.
1. Meetings shall normally take place on the territory of the Party whose border agent has initiated them. Border agents may also agree to alternate meetings on the territory of both States.
2. Meetings of border agents to be held for a longer period may be held in the rooms of the border authorities of the Party whose border agent has initiated the meeting.
3. An incident investigation shall be carried out at the site itself. A report shall be drawn up on the conduct and outcome of the investigation with the necessary drawings, photographs and other documents annexed to the negotiating protocol. The model of the Protocol is set out in Annex 3 to this Agreement.
4. The meetings shall be managed by the border agent on whose initiative the meeting shall be held.
5. Where it appears that cases or materials which are in the hands of the border authorities of the other Party are required for the conduct or investigation carried out by the border agent, the border agent of the other Party shall, upon request, submit such items or materials for the duration of the hearing or investigation.
1. A protocol shall be drawn up for each meeting setting out the issues discussed, the course of the negotiations and the decisions taken.
2. Protocols shall be drawn up in four copies; two in Slovak or Czech and two in Hungarian and signed by representatives of both parties. Each Party shall receive one protocol in Slovak or Czech and one in Hungarian. The model of the Protocol is set out in Annex 4 to this Agreement.
1. If, in the course of an investigation, border agents find that the incident exceeds their competence, they shall inform the Ministry of Foreign Affairs thereof and may only continue the investigation with their consent.
2. If the border agents fail to assess the settlement of the incident, they shall refer the case to the Commission by diplomatic channels. The Protocol shall state the position of the border agents of both Parties on this case and their proposals for solutions.
1. Border agents shall be obliged to implement the agreed measures within the prescribed time limit. They shall inform each other of the measures taken.
2. Measures agreed by representatives of border agents shall be subject to the approval of border agents. The Parties' border agents shall inform each other of the approval.
1. Border agents and their representatives, as well as persons accompanying them, may cross national borders in the presence of the border agent of the other Party or its representative.
2. When crossing state borders, they are obliged to carry
(a) border agents and their representatives - the border agent's licence or his representative as referred to in Article 5;
(b) other persons - a card issued by a border agent for the time needed to act.
Border agents and their representatives shall enjoy in the territory of the other State the right of personal integrity.
1. Border agents and their representatives may wear uniform in the territory of the other State and carry a personal weapon.
2. Border agents and their representatives, secretaries, interpreters, experts and other persons accompanying them and their means of transport shall not be subject to customs control and inspection.
3. The persons referred to in paragraph 2 may carry with them, when crossing national borders, the items necessary for the performance of the service, the personal identification and the adequate quantity of food, beverages and personal-use poultry. The means of transport used do not need international documents and may have propellants in the necessary quantities.
1. Border agents shall be entitled to make a decision on compensation not exceeding the amount of CZK 1,000 or 1.600. If there is no agreement between them or if the damage exceeds that amount, the compensation shall be dealt with by diplomatic channels.
2. Compensation for damages shall be made with both parties once a year, no later than 20 December of each year, in accordance with the applicable rules on payment.
The costs incurred in or relating to negotiations shall be borne by each Party.
Border agents shall assist each other to ensure the accommodation and use of means of transport as well as in liaison with their national authorities.
Persons who have been detained for inadvertent crossing of national borders shall be transferred without undue delay to the border agents of the other Party, together with the items they carried. Children, the elderly and the incompetent will be handed over with the greatest speed.
Persons who have been detained for intentionally crossing national borders will be transferred without delay to border agents of the other Party after they have established that they have not committed a crime.
The border agent shall return to the border agent of the other Party, with all the equipment, documents and items they carried, to the border authorities who have crossed national borders in the performance of their duties.
1. In natural disasters, border agents shall take measures to prevent their spread across national borders. They shall ensure the provision of mutual assistance by all means and the means at their disposal, and shall allow rescue, fire and other bodies and groups to cross national borders with the relevant material, equipment and means of transport.
2. In urgent cases, border agents shall allow the residents of the other State to provide medical assistance and, where appropriate, to be transported to the nearest hospital.
Border agents of both Parties shall ensure on their territory the tracing and return of means of navigation and fishing, aircraft and other objects which have come from the territory of the other State in the course of natural disasters and accidents and the return of economic animals which have moved from the territory of the other State.
The transfer of persons, animals and goods shall be carried out only at places designated by border agents. The transfer shall be in Slovak or Czech and Hungarian languages. Complaints and requests made by the transferred persons and the opinion of border authorities on them shall be included in the Protocol. A list of the persons, animals and goods transferred shall be attached to the Protocol. The model of the Protocol is set out in Annex 5 to this Agreement.
1. The border authorities of both states will communicate with each other in a timely manner the information required to clarify the case of breaches of the national borders under investigation.
2. The border authorities shall immediately inform the border authorities of the other State if they find a trace of an infringement in the territory of the other State. At the same time, they shall communicate to them all the data found relevant to the detection and detention of the intruder. There's no record of the transmission.
3. The border authorities to which the national border breach report has been transmitted shall take the necessary measures to detain the intruder. It shall inform the border agent of the other Party of the outcome of the measure.
If there is an enemy armed group near the national borders threatening the security of the territory of the two States, the border agents shall ensure that the border authorities of the two States cooperate in the destruction of those groups.
The first meeting of border agents shall take place within 30 days of the entry into force of this Agreement. The next meeting will take place as needed.
As soon as this Agreement becomes effective, the Agreement between the Czechoslovak Ministry of Interior and the Hungarian Ministry of Interior on the cooperation of their border guards of 4 May 1949 will cease to apply.
1. This agreement requires the approval of both governments. It shall take effect on the date of the exchange of notes in which the Parties agree that the Agreement has been approved by both governments.
2. The Agreement shall apply for a period of five years and shall be extended for a further period of five years, unless one of the Contracting Parties to the Agreement denies six months before the expiry of the current period.
This Agreement was drawn up in Prague on 13 October 1956 in two original copies, each in the Czech and Hungarian languages. The two texts shall be equally authentic.
To prove this, the agents signed this agreement and sealed it with their seals.
For the Government
Czech Republic
Major General Head
For the Government
Republic of Hungary
Gábri Mihály v. r.
FINAL PROTOCOL
to the Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on border agents
Article 1 of the Agreement
If there is a change in the power to appoint border agents or their representatives in the future and determine their number or sections of their responsibilities, the Parties shall inform each other thereof.
Article 20 of the Agreement
The criminal offence referred to in this Article shall mean an offence in accordance with the laws of the State in whose territory the person has crossed over. The parties' representatives have understood each other that, under the laws of both states, intentional crossing state borders may not always be a criminal offence.
The provisions of the Treaty between the Czechoslovak Republic and the People's Republic of Hungary on Legal Assistance in Civil and Criminal Matters of 6 March 1951 remain unaffected.
This Final Protocol shall form an integral part of the Agreement signed at the same time.
For the Government
Czech Republic
Major General Head
For the Government
Republic of Hungary
Gábri Mihály v. r.
Příloha č. 1
Annex No 1
MODEL
a border agent card
Page 1.
_
Photo space
(4 x 5.5 cm)
Place for stamp: LS
Owner's signature:...................
Page 2.
Article 5 of the Agreement between the Government of the Czechoslovak Republic
and the Government of the People's Republic of Hungary on the establishment of border agents
Signed at................ on........... 195.....
.............................................
(rank, surname, first name)
residing in................................................
Born................................................
(day, month and year of birth)
appointed by the Minister for the Interior by the Border Envoy for the implementation of the principles
that Agreement, has the right to cross the national borders of the Czech Republic - MRLs
both parties and stay in the Hungarian People's border zone
the Republic.
For the Ministry of Interior of the Czech Republic:.....................................
(rank, surname, first name)
Place for stamp: LS
In Prague on.... 195....
Page 3.
(text of page 2 in Hungarian)
Příloha č. 2
Annex No 2
MODEL
card for the representative of the border agent
Page 1.
_
Photo space
(4 x 5.5 cm)
Place for stamp: LS
Owner's signature:...................
Page 2.
Article 5 of the Agreement between the Government of the Czechoslovak Republic
and the Government of the People's Republic of Hungary on the establishment of border agents
Signed at................ on........... 195.....
.............................................
(rank, surname, first name)
residing in................................................
Born................................................
(day, month and year of birth)
Appointed by the Home Secretary by the representative of the border agent
compliance with the principles of the Agreement, has the right to cross state borders
ČSR - MRL in section................................................
to both sides and stay in the Hungarian People's border zone
the Republic.
both parties and stay in the Hungarian People's border zone
the Republic.
For the Ministry of Interior of the Czech Republic:.....................................
(rank, surname, first name)
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Regulation Information
| Citation | Decree No. 23 / 1958 Coll., on the Agreement between the Government of the Czechoslovak Republic and the Government of the People's Republic of Hungary on border agents with the Final Protocol |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.1958 |
|---|---|
| Effective from | 04.07.1957 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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