Act No. 428 / 2005 Coll.

Act amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and certain other laws

Valid Law Effective from 24.11.2005
428
THE LAW
of 23 September 2005
amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Act on the residence of foreigners in the Czech Republic
Čl. I
Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended by Act No. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 436 / 2004 Coll., Act No. 501 / 2004 Coll., Act No. 539 / 2004 Coll. and Act No. 559 / 2004 Coll., is amended as follows:
1. in Article 5 (a) (4), including footnote 5,
'4. proof of the closure of the travel health insurance covering the costs of treatment in connection with an accident or a sudden illness in the territory, including costs relating to the transport of a sick person to the State whose travel document he owns or, where applicable, to another State in which he is authorised, up to a minimum of EUR 30 000 (hereinafter referred to as "travel sickness insurance document") during his stay in the territory; proof of travel sickness insurance is required to be provided by the alien even if the insurance under the special legislature5) is not secured at the date of entry into the territory of the alien;
5) Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of related laws, as amended. '
2. In Article 6, at the end of the text of paragraph 1, the words "or is transmitted within the territory in accordance with an international treaty or legislation of the European Communities' shall be added.
3. In Article 6 (7), the words "a visa to stay for more than 90 days for the purpose of taking over a long-term residence permit for the common living of the family 'shall be inserted after the words" submit';
4. In Article 6, the following paragraph 9 is added:
"(9) The obligation to provide proof of travel sickness insurance shall not apply to foreigners if they are insured under a special legislation (5), provided that the costs of health care are covered under an international contract or if the stranger proves that health care is otherwise covered. The presentation of a travel health insurance document shall not be required from a stranger who, for objective reasons, could not obtain such insurance in the territory of the State of his residence or from a stranger in accordance with § 42b (2); in such a case, an alien shall be obliged to arrange the insurance without undue delay for his stay in the territory, no later than 3 working days after the date of entry into the territory. Furthermore, the submission of a travel health insurance document shall not be required if the representative office has waived or entered the territory in the interests of the Czech Republic since its application for a diplomatic or special visa."
5. in Article 9 (1) (a), "4" is replaced by "3."
6. In Article 9 (1), the words "; this shall not apply if it is a citizen of the European Union1a 'shall be added at the end of the text of point (k).
7. In Article 9 (2) (c), "point 5 'is replaced by" point 4 or 5';
8. In Article 9, the following paragraph 3 is inserted after paragraph 2:
"(3) The police may refuse entry into the territory for reasons referred to in paragraph 1 (a) to (j) and (l) to (o) and paragraph 2 (b). ';
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
9. In the first sentence of Paragraph 14, the words "consisting of two identical parts containing 'are replaced by the words" containing' and the third sentence is deleted.
10. in Paragraph 15 (d):
"(d) linked to the residence of a secured alien in and out of the territory."
11. in Article 15a (1), the following point (b) is inserted after point (a):
"(b) a parent, if it is a citizen of the European Union1a) under 21 years of age, '.
Points (b) and (c) shall be renumbered (c) and (d).
12. in Article 18 (a) and (b), including footnote 6a:
"(a) where the directly applicable legislation of the European Communities provides for (6a) and does not provide otherwise in accordance with this legislation by an international treaty or regulation of the Government [Paragraph 181 (a)],
(b) if, in accordance with directly applicable legislation of the European Communities (6a), the international treaty or the government so provides by its regulation (§ 181 (b)),
(6a) Council Regulation (EC) No 539 / 2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement, as amended. "
14. in Paragraph 18 (d) (5), the words "under § 108 (1) (h), (7b)" shall be replaced by the words "issued by the school on a single form 7b) indicating the identity of the pupils, the purpose and duration of their stay or transit; or"
16. In Paragraph 19 (4), "6 'is replaced by" 5'.
17. Paragraph 23 (2) reads as follows:
"(2) When submitting an application pursuant to Paragraph 22 (5), the alien shall be required to further demonstrate the reasons on the basis of which he applies for a visa at the border crossing point. If the request is based on an unimplemented landing of an aircraft on the territory, the alien shall not submit a travel health insurance and photo document to the application. ';
18. in Paragraph 24 (4):
"(4) An alien listed in a legislation issued pursuant to Paragraph 182 (1) (b) may only stay in the transit area of an international airport on the basis of an airport visa issued."
19. in Article 26 (2), "1 year" is replaced by "2 years";
20. In the first sentence of Article 27 (2), the words "entitled to work within 90 days' are deleted.
21. In Paragraph 27, the following paragraph 3 is inserted after paragraph 2:
"(3) Before issuing a visa to stay within 90 days, the alien shall be required to submit a proof of travel sickness insurance during the period of stay in the territory; This does not apply if the cases referred to in Paragraph 6 (9) are concerned. In addition, where a stranger requests the granting of this visa as a multiple visa, he shall be obliged to add to the application an affidavit stating that travel health insurance will be provided for any further stay on the territory. '.
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
22.
„§ 28
When submitting an application pursuant to Article 26 (5), an alien shall be required to present a travel document, a travel health insurance document during his stay in the territory and to prove the reasons on the basis of which he applies for a visa at the border crossing point. The obligation to provide proof of travel sickness insurance shall not apply to the cases referred to in Section 6 (9). The alien is also obliged, upon request, to demonstrate the provision of means of residence in the territory (§ 13), to demonstrate the cost of travelling from the territory (§ 12) and to present photographs. "
23. in Paragraph 29 (3), the word "travel" shall be inserted after the word "proof of travel."
24. Paragraph 29a (1), including footnote 8a, reads as follows:
"(1) The Czech Republic shall grant a transit visa, an airport visa or a visa for residence within 90 days as a single Schengen visa, provided that the following conditions are met:
(a) the alien is not included in the information system of the Contracting States;
(b) there is no reasonable risk that an alien may endanger his or her security or breach public policy while staying in the territory of another Contracting State or the international relations of the Contracting States;
(c) the Czech Republic is the object of its travel or, in the case of transit through the territory of the Contracting States, the first Contracting State to which it enters the visa;
(d) the travel document to which the visa is to be affixed authorises entry into all Contracting States; and
(e) the alien shall also provide evidence of the closure of the health insurance scheme (8), from which the costs may be reimbursed in accordance with § 5 (a) (4) for the duration of the stay in the territory of all Contracting States and if the visa is to be granted as multiple, the alien shall also provide a solemn declaration that for each further stay in the territory of the Contracting States the travel health insurance will be covered.
(8a) Council Decision 2004 / 17 / EC of 22 December 2003 amending point 1.4 of Part V of the Common Consular Instructions and point 4.1.2 of Part I of the Common Manual, with a view to including the requirement for proof of the closure of the travel health insurance as documents for the issue of a single entry visa. ';
25. in Article 29a (3), including footnote 8b:
"(3) If the conditions referred to in paragraph 1 are not met, the Czech Republic may limit the territorial validity of a single Schengen visa in accordance with the international conventions on the abolition of checks at the common borders and the rules issued on their basis. The authority which issued such a visa shall notify the other Contracting States accordingly.
8b) The Convention implementing the Schengen Agreement signed on 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at common borders. Decision of the Executive Committee SCH / Com (99) 13 of 28 April 1999 final of the Common Manual and of the Common Consular Instructions. Council Decision 2004 / 17 / EC of 22 December 2003 amending point 1.4 of Part V of the Common Consular Instructions and point 4.1.2 of Part I of the Common Manual with a view to including the requirement for proof of the closure of the travel health insurance as documents for the issue of a single entry visa. ';
26. in Article 29a, paragraph 4 is deleted;
Paragraph 5 shall become paragraph 4.
27. in Article 30 (2), the words "a long-term residence permit for the purpose of cohabitation of a family or special residence permit, if it is a family member who is not a citizen of the European Unie1a," shall be inserted after the words "a residence permit."
28. In the first sentence of Article 30 (4), the words "a long-term residence permit for the purpose of coexistence of a family or" and the words "working days," shall be inserted after the words "a visa for the purpose of taking over a special residence permit if it is a family member who is not a citizen of the European Unie1a), and '.
29. In the second sentence of Article 30 (4), the words "a long-term residence permit, a special residence permit or" shall be inserted after the word "takeover."
30. In the third sentence of Article 30 (4), the words "long-term residence permit, special residence permit or" shall be inserted after the word "takeover."
31. in Section 31, paragraph 2, including footnote 8c, read:
"(2) An alien shall be obliged to submit the particulars referred to in paragraph 1 (a), (d), (e) and (f) for an application for a visa for a stay of more than 90 days for the purpose of employment. In addition, the alien is obliged to submit an employment permit or to indicate in the application the reference number of the application for an employment permit and to which employment office he has requested such authorisation. A foreign person may not submit an employment permit and the reference number of the application for employment, unless the employment permit is a condition of employment under special legislation 8c.
8c) Act No. 435 / 2004 Coll., on Employment. '.
32. In Article 31, the following paragraph 5 is added:
"(5) Before issuing a visa to stay for more than 90 days, the alien shall be required to submit a proof of travel sickness insurance during the stay in the territory; This shall not apply if the cases referred to in Article 6 (9) are concerned. ';
33. Paragraph 32, including the title and footnote 9, is deleted.
34. Paragraph 33, including the title and footnote 9, reads:
„§ 33
Visa for stay over 90 days for the purpose of staying in the territory
(1) Police will issue a visa for a stay of more than 90 days in order to remain in the foreign territory,
(a) which is prevented from leaving the territory by an independent obstacle;
(b) whose travel is not possible (§ 179);
(c) which is a witness or injured in criminal proceedings and is necessary to participate in proceedings;
(d) whose action or appeal in respect of temporary protection has been given suspensive effect by a decision of the Court of Justice (9);
(e) who, during the period of validity of the residence permit, has applied to the territory for a residence permit pursuant to Paragraph 69 (2), unless the application has been decided upon during the period of validity of the residence permit of a stranger in the territory; or
(f) who has brought an action against a decision of the Ministry rejecting his application for asylum as manifestly unfounded for one of the reasons set out in Article 16 (a) to (h) and (j) of the Asylum Act (2) and, at the same time, has made an application for the suspension of the action.
(2) An application for a visa to stay more than 90 days in order to remain in the territory shall be submitted to the police.
(3) The visa to stay over 90 days for the purpose of staying in the territory is marked by the police on the travel document.
(4) The period of validity of a visa for a stay of more than 90 days for the purpose of staying on the territory of the police shall be fixed for a period of no more than one year.
(5) A foreigner who has been granted a visa for a stay of more than 90 days in order to remain in the territory for the reason referred to in paragraph 1 (a) must prove, on request by the police, that the obstacle to leaving the territory continues; If such proof is prevented by an obstacle to the will of an independent stranger, the proof may be replaced by an honorable declaration.
9) Act No. 150 / 2002 Coll., Administrative Rules, as amended. '
35. in § 34 (b), the text "§ 32 (2) (a) or (c)" is replaced by "§ 33 (1) (a), (d) or (f)."
36. in Paragraph 34, at the end of point (c), the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) a document confirming the existence of a reason under Article 33 (1) (c);
(e) proof of travel sickness insurance, if it is a stranger pursuant to Article 33 (1) (e). "
37.Paragraph 35 (2) reads:
"(2) An application for an extension of the stay on the territory of a visa for a stay of more than 90 days shall be required by the alien to submit the particulars referred to in § 31 (1) (a) to (e) and, upon request, the particulars referred to in § 31 (4) (b). An application for an extension of the stay on the territory of a visa for a stay of more than 90 days for the purpose of employment shall be subject to the obligation of the alien to submit a decision on the extension of the employment permit, the particulars referred to in Article 31 (1) (a), (d) and (e) and, upon request, the particulars referred to in Article 31 (4) (b). Furthermore, the stranger is obliged to submit proof of travel health insurance during his stay in the territory. The obligation to provide proof of travel sickness insurance during the period of stay in the territory shall not apply if the stranger is insured under special legislation (5), or if he proves that the costs of health care are covered otherwise. The stranger is also obliged to present, at the request of the police, both in case of a change of appearance and photograph. '
38. in Paragraph 36 (1), "(a) and (b)" is replaced by "(a), (b), (d) and (e)."
39. in Paragraph 37 (2) (f), including footnote 9a,
„f) jiný stát Evropské unie nebo smluvní stát uplatňující společný postup ve věci vyhošťování rozhodl o vyhoštění cizince ze svého území9a) z důvodu odsouzení cizince k trestu odnětí svobody v délce nejméně 1 rok anebo pro důvodné podezření, že spáchal závažnou trestnou činnost nebo takovou činnost připravuje na území některého státu Evropské unie nebo smluvního státu uplatňujícího společný postup ve věci vyhošťování, a dále z důvodů porušení právních předpisů upravujících vstup a pobyt cizinců na jejich území,
9a) Směrnice Rady 2001/40/ES ze dne 28. května 2001 o vzájemném uznávání rozhodnutí o vyhoštění státních příslušníků třetích zemí.“.
40. V § 38 odst. 1 se text „§ 32 odst. 2“ nahrazuje textem „§ 33 odst. 1“.
41. V § 38 se za odstavec 2 vkládá nový odstavec 3, který zní:
„(3) Policie zruší platnost víza k pobytu nad 90 dnů za účelem strpění pobytu na území uděleného z důvodu podle § 33 odst. 1 písm. f), rozhodne-li soud, že se žalobě odkladný účinek nepřiznává anebo se žaloba zamítá, nebo nabude-li právní moci rozsudek soudu, kterým se ruší rozhodnutí ministerstva podle zvláštního právního předpisu2).“.
Paragraph 3 shall become paragraph 4.
42. In Paragraph 40, the words "before issuing a visa, the alien shall be required to submit a proof of travel sickness insurance on request during the stay in the territory. This does not apply if the cases referred to in Paragraph 6 (9) are concerned '.
43. Paragraph 40 (4) reads as follows:
"(4) Diplomatic visa and special visa shall be issued by the representative office. ';
44. Paragraph 40 (5) is deleted.
45. in Article 42 (1), the words "except in the cases referred to in Article 32 (1)," shall be deleted;
46. the following Sections 42a and 42b, including the headings and footnotes 9b and 9c are inserted after Section 42:
„§ 42a
Long-term residence permit for family co-habitation in the territory
(1) The application for a long-term residence permit for the purpose of coexistence of a family on the territory of 9b) (hereinafter referred to as "coexistence of a family") is entitled to be lodged by a stranger who is:
(a) the spouse of a foreigner authorised to stay;
(b) a minor or an adult child of a foreigner who is allowed to stay;
(c) a minor or an adult child of a stranger's spouse who is allowed to stay;
(d) a minor alien who has been assigned by a decision of the competent authority to foster family care by a stranger authorised to stay in the territory or by his spouse or whose guardian or spouse is a foreigner authorised to stay in the territory if the care of a minor alien is carried out in the territory;
(e) a parent of a minor alien who has been granted asylum under special legislation (2); if this minor alien does not have a parent, he / she is entitled to submit a request to another of his / her direct relatives in the ascending line and if he / she is not such a relative, he / she is entitled to submit a guardian to a minor alien,
(f) a lonely stranger over 65 years of age or regardless of age by a stranger who cannot take care of himself for health reasons if he goes to merge a family with a parent or child with a permitted stay in the territory.
(2) For the purposes of this Act, a stranger in accordance with paragraph 1 who has been granted residence or asylum shall be considered to be a holder of a family reunification permit.
(3) An application for a long-term residence permit for the purpose of family co-existence is submitted by an alien to the representative office.
(4) During the stay in the territory on a visa for a stay of more than 90 days or on a long-stay permit issued for other purposes, a stranger may apply for a long-stay permit for the purpose of coexistence of the family to the police.
(5) Permitted long-term residence for the purpose of family co-existence shall be granted if:
(a) a stranger who is to be allowed to coexist with a family shall hold a long-term residence permit or residence permit and shall stay on the territory for at least 15 months; if there is a merger, each of them must reach the age of 20,
(b) the spouse with whom the family is to be able to coexist has been granted asylum under special legislation (2), where the marriage was established before his entry into the territory;
(c) a minor who is to be allowed to coexist with a family has been granted asylum under special legislation (2);
(d) they are aliens as referred to in paragraph 1 (d) or (f).
(6) In the case of a polygamous marriage, a long-term residence permit may not be issued for the purpose of cohabitation of a family by a stranger whose spouse is the holder of a family reunification authorisation and is already residing in the territory with another wife.
§ 42b
Forms of application for a long-term residence permit for the purpose of family co-existence
(1) An alien is obliged to submit a request for a long-term residence permit for the purpose of coexistence of the family
(a) the particulars referred to in Article 31 (1) (a), (d), (e) and (f);
(b) a document confirming the relationship; If an application for a long-term residence permit is made for the purpose of coexistence of a family with the holder of a family entitlement granted asylum under special legislation (2), the relationship may also be demonstrated in another credible way, unless the presentation of the document is possible,
(c) the consent of the parent or, where appropriate, any other legal representative or guardian to the residence of the child in the territory, in so far as it is not a family co-existence with that parent, legal representative or guardian;
(d) proof that the aggregate income of the family after the merger will be sufficient to ensure the nutrition and other essential needs of all its members and the necessary household costs under special legislation9c).
(2) Where an application for a long-term residence permit has been made for the purpose of coexistence of a family with the holder of a family entitlement granted asylum under special legislation (2), a decision on asylum shall be submitted within a period of 3 months from the date of the acquisition of legal authority, the alien shall be obliged to submit the application only with a travel document and photographs and to prove the relationship in accordance with paragraph 1 (b).
(3) The application for a long-term residence permit for the purpose of cohabitation of the family shall also be accompanied by the documents referred to in Article 31 (4) on request.
(4) Before issuing a visa for a stay of more than 90 days for the purpose of taking over a long-stay permit for the cohabitation of the family, the stranger shall be obliged to submit a proof of travel sickness insurance during the period of stay in the territory; This does not apply if the cases referred to in Paragraph 6 (9) are concerned.
9b) Council Directive 2003 / 86 / EC of 22 September 2003 on the right to family reunification.
9c) § 3 paragraphs 2 and 3 of Act No. 463 / 1991 Coll., on Life Minimal. Decree of the Government No. 664 / 2004 Coll., which increases the amount of life minima. '
47. in § 43, the text "(§ 32 (2))" is replaced by "pursuant to § 33 or special legislation2."
48. in Article 44 (1), the text "42a" shall be inserted after the text "Article 42";
49. In Paragraph 44, the following paragraph 2 is inserted after paragraph 1:
"(2) A stranger who has been granted a long-term residence permit for the purpose of joint living of the family upon request from the representative office shall be obliged to appear in person at the police station within 3 working days of the date of entry into the territory to take over the residence permit. The decision by which foreigners have been granted a long-term stay for the purpose of coexistence between the family shall become final on the day of its takeover. '
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
50. Paragraph 44 (5) to (7) reads as follows:
"(5) Long-term residence permits are issued by the police with a period of validity
(a) necessary to achieve a purpose which requires a stay on the territory of less than 1 year;
(b) 1 year if it is a temporary stay for the purpose of studies with a expected stay of more than 1 year;
(c) responsible for the period of validity of the residence permit (§ 44 (1)), which has been issued to the holder of a family reunification permit but for at least 1 year, in the case of family cohabitation;
(d) two years in the case of family co-existence, provided that a residence permit has been issued to the holder of the family reunification authorisation;
(e) the corresponding period specified in the employment permit; or
(f) 2 years in other cases.
(6) The period of validity of the long-term residence permit may be extended repeatedly, but no longer than the period provided for in paragraph 5; in the case referred to in paragraph 5 (c), for the period of validity of the long-term residence permit referred to in paragraph 44 (1) which has been issued to the holder of the family reunification permit and in the case referred to in paragraph 5 (d) for a period of 5 years.
(7) Paragraphs 35 (2) and (3), 36, 46 (3) and 47 shall apply mutatis mutandis to the extension of the long-term residence permit. '
51. In Paragraph 44, the following paragraph 8 is added:
"(8) The application for the extension of a long-term residence permit issued for the purpose of cohabitation of the family shall be accompanied by the particulars referred to in Article 42b (1) (a), (c) and (d), as well as proof of travel sickness insurance during the period of residence in the territory; This is not the case if the alien is insured under special legislation (5) or if he can prove that the health care costs are met otherwise. If the holder of a family reunification permit has been granted asylum, the alien shall be obliged to submit only a travel document. The validity of a long-term residence permit issued for the purpose of coexistence of the family cannot be extended if the police find reason to initiate proceedings for the annulment of that permit (§ 46a). '
52. in Paragraph 45, the text "Paragraph 32 (2)" is replaced by "Paragraph 33 (1)."
53. In Paragraph 45, the present text becomes paragraph 1 and the following paragraphs 2 to 6 are added:
"(2) A stranger over 18 years of age with a permitted long stay for the purpose of co-living with a family is entitled to apply for a long-term residence permit for another purpose after 5 years of residence in the territory.
(3) A foreigner authorised to stay for a long period of time for the purpose of cohabitation of a family who is the survivor of a family permit to be merged shall be entitled to ask the police for a long-term residence permit for another purpose if:
(a) on the date of death of the holder of the family reunification authorisation, he has remained in the territory continuously for at least 2 years; the condition of continuous residence does not apply if, as a result of the marriage with the holder of the family's right to be merged, the alien has lost the citizenship of the Czech Republic; or
(b) the death of the owner of the family's right to be merged is due to an accident at work or occupational disease.
(4) A foreigner authorised to stay for the purpose of cohabitation of a family may apply for a long-term residence permit for other purposes in the event of a divorce with the holder of a family reunification permit, if he has lived continuously for at least 2 years on the date of divorce and the marriage lasted at least 5 years; the condition of continuous residence and the duration of the marriage does not apply if, as a result of the marriage with the holder of the right to merge the family, the stranger has lost the citizenship of the Czech Republic.
(5) An alien shall be obliged to submit an application under paragraph 3 or 4:
(a) the travel document;
(b) a document certifying compliance with the conditions laid down in paragraph 3 or 4;
(c) proof of accommodation in the territory;
(d) the document referred to in Article 42b (1) (d) or the permit for employment;
(e) proof of travel sickness insurance during the stay in the territory; This does not apply if the alien is insured under special legislation (5), or if he proves that the health care costs are otherwise paid,
(f) an extract from the record of the Register of Penalties as a basis for assessing criminal integrity (§ 174); This does not apply in the case of a stranger under the age of 15,
(g) photographs.
(6) The authorisation to apply for a long-term residence permit for the reason referred to in paragraph 3 or 4 shall expire 1 year after the date on which that reason occurred. ';
54. in Article 46 (1), the words "points (a) to (d) and (f), Article 31 (2)" shall be deleted;
55. In Article 46, at the end of paragraph 1, the sentence "Paragraphs 55 (1) and 62 (1) relating to a visa for a stay of more than 90 days shall be added mutatis mutandis to the long-term residence permit for the purpose of cohabitation of the family."
56. in Article 46 (2), "Article 32 (2)" is replaced by "Article 33 (1)."
57. In Paragraph 46, the words "for long-term residence permits for the purpose of coexistence of a family, paragraphs 56 (1) (a) to (c), (e), (g), (h) and 56 (2) (a) shall be added at the end of paragraph 2."

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Regulation Information

CitationAct No. 428 / 2005 Coll., amending Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, and certain other laws
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation25.10.2005
Effective from24.11.2005
Effective until-
Status Valid
The regulation text is for informational purposes only.
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