Communication from the Ministry of Foreign Affairs No. 65 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Arrangement between the Government of the Czech Republic and the Government of Canada on the transfer of persons at national borders
Valid
International Treaty
Effective from 07.10.1996
Text versions:
03.04.1997
65
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that on 8 March 1996 the Agreement between the Government of the Czech Republic and the Government of Canada on the transfer of persons at national borders was signed in Prague.
The Arrangement entered into force on 7 October 1996 pursuant to Article 11 (1) thereof.
Czech version The arrangement shall be announced simultaneously.
ARRANGEMENTS
between the Government of the Czech Republic and the Government of Canada on the transfer of persons at national borders
The Government of the Czech Republic and the Government of Canada (hereinafter referred to as the "Contracting Parties'),
led by the intention to restrict the illegal migration of persons, in accordance with their own interests, to regulate the transfer of their own nationals,
to meet both the legal and practical requirements of both Parties; and
by reciprocity,
agree as follows:
(1) Each Contracting Party shall, at the request of the other Contracting Party, take over, without special formalities, any person who, in the territory of the State of the requesting Contracting Party, does not or will no longer fulfil the conditions of entry or residence in force if it is established that such person is a citizen of the State of the requested Contracting Party.
(2) The requesting Contracting Party shall take that person back under the same conditions if it is established that, at the time of leaving the State of the requesting Contracting Party, that person was not a citizen of the State of the requested Contracting Party.
Each Contracting Party shall, if it intends to transfer a citizen of the State of the other Contracting Party who requires special care due to poor health or other serious reasons, inform the other Contracting Party. The reply of the other Contracting Party, which shall inform of the place and date of receipt of such person, shall be sent without undue delay, no later than seven days after the notification by the requesting Contracting Party.
The Contracting Parties shall inform each other sufficiently in advance of the exact date and place of surrender.
The Contracting Parties undertake to carry out the transfer and reception of persons in a proper manner in accordance with international law and practice as well as with regard to the rights and dignity of such persons.
The Contracting Parties shall exchange models of documents which may serve as confirmation of citizenship of the States of the Contracting Parties.
(1) For the purpose of implementing this arrangement, citizenship shall be demonstrated by the following documents:
Nationality of the Czech Republic:
(a) a valid Czech citizen card,
b) a valid citizen card of the Czechoslovak Republic, the Czechoslovak Socialist Republic or the Czech and Slovak Federal Republic with a marked national citizenship of the Czech Republic,
(c) a valid travel document;
d) Certificate or Certificate of Citizenship of the Czech Republic, which is not more than six months old,
(e) a certificate of legal capacity to conclude a marriage, if it contains an indication of citizenship of the Czech Republic.
Nationality of Canada:
(a) a certificate of citizenship of Canada;
(b) by birth certificate issued by the competent authority of the Canadian province,
(c) a Quebec birth certificate issued before 1 January 1994, containing the date and place of birth;
(d) a certificate of birth abroad issued by the Canadian Citizenship Office.
(2) In the event that the documents referred to in paragraph 1 cannot be demonstrated by citizenship, the following documents may be used to verify citizenship by a diplomatic mission or consular post of the State of the requested Contracting Party:
(a) a document other than that referred to in paragraph 1 or an official certificate with a marked national citizenship;
(b) a gate card or a military book;
(c) a driving licence;
(d) birth certificate,
(e) inland navigation pass;
(f) own data of the person transferred,
(g) other supporting documents recognised in a particular case by the requested Contracting Party.
(3) The documents referred to in paragraph 1 and the documents referred to in paragraph 2 (a), (b), (c), (e), (g) may be used as a basis for verifying citizenship even if they have expired.
(4) The Contracting Parties shall, as far as possible, examine citizenship within 30 days of the date of receipt of the request.
(5) The consulate or diplomatic mission of the State of the requested Contracting Party shall issue a replacement travel document without delay if the person so requests and the competent authority of the requested Contracting Party certifies the nationality of that person.
(6) In cases where a citizen of the State of the requested Contracting Party refuses to apply for a travel document, the requested Contracting Party shall take it over at the request of the other Contracting Party without a valid travel document.
In order to protect the personal data transmitted in the framework of cooperation under this Arrangement, in accordance with the laws of the States of the Contracting Parties, the following conditions shall be complied with:
(a) The receiving Contracting Party may use the data only for the purposes and under conditions laid down by the transmitting Contracting Party.
(b) The receiving Contracting Party shall, at the request of the transmitting Contracting Party, provide information on the use of the data transmitted and the results obtained with their assistance.
(c) Personal data may be transferred exclusively to the foreign and border police on the Czech side and to the immigration authorities on the Canadian side. The provision of data to other authorities shall be possible only with the consent of the transmitting Contracting Party.
(d) The transferring Contracting Party shall ensure that the data supplied are accurate and that the provision is necessary and adequate for the purpose of the transfer. In doing so, it is necessary to respect the legislation of the State of the other Contracting Party which may restrict the provision of data. If it is found that incorrect data or data which should not have been provided have been provided, the receiving Contracting Party shall be informed without delay. The receiving Contracting Party must correct the incorrect data or destroy data which should not have been provided.
(e) Information on the data transmitted and the intended use of the data shall be provided at the request of the person for whom the data are to be or have been transmitted provided that the legislation of the State of the Contracting Party which has been requested to provide the data is not contrary to the law of the State of the transmitting Contracting Party.
(f) The transmitting Contracting Party shall, when providing the data, communicate in accordance with the laws of its State the deadlines applicable for the deletion of the data. Depending on these deadlines, the data relating to the person concerned must be deleted as soon as the reason for the transfer is no longer valid. The transmitting Contracting Party shall be informed of the deletion of the transmitted data and of the reasons for the deletion. In the event of the expiry of this arrangement, all data taken over shall be destroyed.
(g) Both Parties are required to keep records of the transfer, receipt, deletion and destruction of personal data.
(h) The Contracting Parties are obliged to protect personal data effectively against unauthorised access to it and against unauthorised changes or unauthorised disclosure.
(1) Each Contracting Party shall ensure the confidentiality of information transmitted by the other Contracting Party where such information is classified under the law of the State of the transmitting Contracting Party and is identified as such.
(2) The provision of transmitted information or data to third States shall be possible only with the written consent of the transmitting Contracting Party.
The costs associated with the transfer of persons and their possible withdrawal pursuant to Article 1 shall be borne by the requesting Contracting Party until the date of taking over of the person by the competent authority of the requested Contracting Party.
In order to implement this arrangement, the Ministry of Interior of the Czech Republic and the Ministry of Citizenship and Immigration of Canada shall conclude an implementing arrangement in which, in particular:
(a) define the means of mutual communication and establish the competent services of the Contracting Parties to carry out the transfer and reception of persons and to communicate the identity of the persons referred to in Articles 1 and 2;
(b) identify the places where the persons will be transferred;
(c) identify the particulars and documents necessary for the transmission;
(d) define the method and procedure for the reimbursement of costs arising from Article 9.
(1) This Arrangement shall enter into force 30 days after the date of exchange of diplomatic notes confirming that the national conditions for its entry into force have been fulfilled.
(2) This arrangement shall be concluded for an indefinite period. Each Contracting Party may denounce them in writing by diplomatic means. In such a case, the Arrangement shall cease to be in force 30 days after the receipt of the notice.
Dane in Prague on 8 March 1996 in two original copies, each in the Czech, English and French languages, all texts being equally authentic.
For the Government of the Czech Republic:
Martin Fendrych v. r.
Deputy Minister of Interior
For the Government of Canada:
Raphael Girard v. r.
Deputy Minister for citizenship and immigration
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 65 / 1997 Coll., on the negotiation of the Arrangement between the Government of the Czech Republic and the Government of Canada on the transfer of persons at national borders |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.04.1997 |
|---|---|
| Effective from | 07.10.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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