16. pants

(1) Šis Līgums tiek piemērots

provizoriski no tā parakstīšanas dienas un stājas spēkā dienā,

kad saņemta pēdējā nota, ar ko Līgumslēdzējas Puses viena otru

informē par visu nepieciešamo nacionālajā likumdošanā paredzēto

priekšnosacījumu izpildi, kas nepieciešami, lai tas stātos

spēkā.

(2) Katra Līgumslēdzēja Puse,

pamatojoties uz valsts drošības, sabiedriskās kārtības vai

sabiedrības veselības aizsardzības apsvērumiem, var uz laiku

pilnībā vai daļēji apturēt šī Līguma, izņemot tā 2. pantu,

darbību, par to paziņojot otrai Līgumslēdzējai Pusei. Līguma

darbības apturēšana var stāties spēkā nekavējoties.

(3) Šis Līgums ir noslēgts uz

nenoteiktu laiku. Katra Līgumslēdzēja Puse var denonsēt šo

Līgumu, par to paziņojot otrai Līgumslēdzējai Pusei. Šāda

denonsācija stājas spēkā otrā mēneša pirmajā dienā, kas seko

mēnesim, kurā otra Līgumslēdzēja Puse ir saņēmusi šādu

paziņojumu.

Apliecinot augstākminēto, abu

Līgumslēdzēju Pušu pārstāvji, kas pienācīgi pilnvaroti šim

nolūkam, ir parakstījuši šo Līgumu.

Parakstīts Ļubļanā, 1998. gada 5.

martā divos oriģināleksemplāros latviešu, slovēņu un angļu

valodā, pie kam visi teksti ir vienlīdz autentiski. Jebkuru

strīdu vai domstarpību par šī Līguma tulkojumu gadījumā

noteicošais ir teksts angļu valodā.

LATVIJAS REPUBLIKAS SLOVĒNIJAS

REPUBLIKAS

VALDĪBAS VĀRDĀ VALDĪBAS VĀRDĀ

VALDIS BIRKAVS

BORIS FRLECS

ĀRLIETU MINISTRS ĀRLIETU

MINISTRS

Agreement

Between The

Government

Of The Republic

Of Latvia

And The

Government

Of The Republic

Of Slovenia

On Readmission

Of Persons

The Government of the Republic of

Latvia and the Government of the Republic of Slovenia

(hereinafter referred to as the Contracting Parties),

with a desire to facilitate, in

the spirit of good co-operation and on the mutual basis, the

readmission of persons, whose entry into and / or residence in a

country are contrary to the national law,

have agreed as follows:

I. READMISSION

OF THE NATIONALS

OF THE

CONTRACTING PARTIES

Article 1

(1) Each Contracting Party shall,

upon request of the other Contracting Party and without any

formalities, readmit to its territory any person, who does not,

or does not any more, comply with the conditions for entry or

stay, applicable in the territory of the requesting Contracting

Party, if it is ascertained or validly presumed, that such person

has the nationality of the requested Contracting Party. The same

shall apply to persons who have been deprived of the nationality

of the requested Contracting Party since entering the territory

of the requesting Contracting Party, without acquiring the

nationality of any state.

(2) The nationality may be

ascertained or presumed on the basis of a certificate of

nationality, a passport or an identity card, even if such

documents were issued incorrectly or if they expired not more

than three years ago. The nationality may be validly presumed

also on the basis of other data.

(3) The requesting Contracting

Party shall, under the same conditions, readmit a person again,

if it has been ascertained through further verifications that the

person did not have the nationality of the requested Contracting

Party and the provisions of Article 2 of this Agreement cannot be

applied to him / her.

II. READMISSION

OF NATIONALS

OF THIRD STATES

AND STATELESS PERSONS

Article 2

(1) Each Contracting Party shall

readmit to its territory, upon a request of the other Contracting

Party and without any formalities, a national of a third state or

a stateless person who does not, or does not any more, comply

with the conditions for entry or residence applicable in the

territory of the requesting Contracting Party, if it was

ascertained that such person had entered the territory of the

Contracting Party directly after having sojourned in or travelled

through the territory of the requested Contracting Party.

(2) Each Contracting Party shall,

upon a request of the other Contracting Party and without any

formalities, readmit a national of a third state or a stateless

person who does not, or does not any more, comply with the

conditions for entry or residence applicable in the territory of

the requesting Contracting Party, if such person has a valid

visa, except from unused transit visa, or any other valid

residential permit, issued by the requested Contracting

Party.

Article 3

The obligation of readmission as

provided in Article 2, shall not exist in case of:

a) nationals of third states, that

have a common state border with the State of the requesting

Contracting Party;

b) nationals of third states or

stateless persons who obtained, after they left the territory of

the requested Contracting Party or after they entered the

territory of the requesting Contracting Party, a visa or

residential permit from the latter;

c) nationals of third states or

stateless persons who have resided in the territory of the

requesting Contracting Party for the last six months;

d) nationals of third states or

stateless persons who were recognised by the requesting

Contracting Party either the status of refugee on the basis of

the provisions of the Geneva Convention relating to the Status of

Refugees of July 28, 1951 and the provisions of the New York

Protocol relating to the Status of Refugees of January 31, 1967,

or the status of stateless person on the basis of the New York

Convention relating to the Status of Stateless Persons of

September 28, 1954;

e) nationals of third states or

stateless persons, actually returned by the requested Contracting

Party to their state of origin or to any other third state.

Article 4

The requesting Contracting Party

agrees to accept to its territory those nationals of third states

or stateless persons for whom it would be ascertained, after

adequate verification carried out by the requested Contracting

Party, that they do not comply with the clauses under Articles 2

and 3 of the present Agreement at the time of their departure

from the territory of the requesting Contracting Party.

III. READMISSION

PROCEDURE

Article 5

(1) The requested Contracting

Party is obliged to answer the request for readmission in writing

without delay, and in any case within a maximum of fifteen days.

Any refusal of the readmission shall be founded.

(2) The requested Contracting

Party shall, within one month at the latest, readmit a person

whose readmission was confirmed. This period may be extended upon

request by the requesting Contracting Party.

Article 6

The requested Contracting Party

shall issue a confirmation of readmission to the requesting

Contracting State, including the identity data of the person

whose readmission was requested, and any possible documents of

such person.

Article 7

The requesting Contracting Party

shall cover the expenses of transportation of persons to be

readmitted as far as to the border of the requested Contracting

Party as well as, where necessary, the costs arising from return

transport.

IV. TRANSIT IN

CASE OF REJECTION

Article 8

(1) Each Contracting Party will

allow, upon request from the other Contracting Party, entry into

and transit through its territory to nationals of third states or

stateless persons who were rejected by the requesting Contracting

Party at the border. The transit may be carried out by road,

railway or air transport.

(2) The requesting Contracting

Party shall take full responsibility for the continuation of the

travel of such person to the country of destination and will

readmit such person, if the measure of rejection cannot be

carried out for any reason.

(3) The requesting Contracting

Party will confirm to the requested Contracting Party, that the

person for whom the transit was approved, has a document for the

transportation to the State of destination.

Article 9

(1) The Contracting Party that

implemented the measure of expulsion, shall inform the requested

Contracting Party in case the rejected person needs an escort.

The requested Contracting Party may, in connection with the

transit:

— decide to appoint its own

escort;

— decide to appoint escort in

coordination with the Contracting Party that implemented the

measure of expulsion.

(2) If the transit is performed by

an airline company of the Contracting Party that applied the

measure of expulsion, and with a police escort, this can be done

by the Contracting Party alone, under the condition, that they do

not leave the international zone at the airport of the requested

Contracting Party.

(3) If the transit is performed by

an airline company of the requested Contracting Party and with a

police escort, this will be provided for by the requested

Contracting Party under the condition, that the Contracting Party

that applied the measure of expulsion covers all the expenses

that may occur.

(4) If a transit must be,

exceptionally, done by road or railway, the Contracting Parties

shall agree about the necessity and modality of the escort.

Article 10

The request for the transit shall

be exchanged directly between the competent authorities of the

Contracting Parties. The request should contain all data

pertaining to the identity and nationality of the person, the

date of travel, the time and place of the arrival to the transit

state as well as the time and place of the departure from it to

the state of destination and including all data of the officials,

if they accompany such a person.

Article 11

The transit may be rejected if the

person is to be prosecuted in his / her destination state because

of his / her race, religion, ethnicity or membership of a certain

social group or because of his / her political opinion.

Article 12

The requesting Contracting Party

shall cover all the expenses of the transit, as well as any

expenses which may occur in case of return.

V. GENERAL

CLAUSES

Article 13

The Contracting Parties shall

define through the diplomatic channels:

— the airports, that may be used

for the readmission or for entry of persons in transit;

— the state authorities

responsible for dealing with applications for readmission or

transit.

Article 14

Insofar as personal data have to

be communicated in order to implement this Agreement, such

information may concern only the following:

a) particulars of the person to be

transferred and, when necessary, of his family members, such as

surname, given name, any previous name, nickname or pseudonym,

alias, date and place of birth, sex, current and any previous

nationality;

b) passport, travel document,

laissez-passer or other identity document;

c) other details needed to

identify the person to be transferred;

d) itineraries, and

e) entry permits issued by one of

the Contracting Parties or a third state, their descriptions.

Article 15

(1) The provisions of the present

Agreement shall not interfere with any obligations of readmission

or return of foreign nationals which derive from other

international agreements in force for the Contracting

Parties.

(2) The provisions of the present

Agreement shall not prevent the application of the provisions of

the Geneva Convention relating to the Status of Refugees of July

28, 1951, complemented by the New York Protocol relating to the

Status of Refugees of January 31, 1967 and the New York

Convention relating to the Status of Stateless Persons of

September 28, 1954.

(3) The provisions of the present

Agreement shall not prevent the application of the provisions of

the European Convention for the Protection of Human Rights and

Fundamental Freedoms of November 4, 1950.

Article 16

(1) This Agreement shall apply

provisionaly from the date of its signature and shall enter into

force on the date of the receipt of the latter note by which the

Contracting Parties notify each other of the fulfilment of all

internal legal requirements necessary for its entry into

force.

(2) Each Contracting Party may

temporarily suspend the implementation, in whole or in part, with

the exception of Article 2 of this Agreement for reasons of state

security, public order or public health by notification to the

other Contracting Party. The suspension may enter into force

immediately.

(3) This Agreement is concluded

for an indefinite period. Each Contracting Party may terminate

this Agreement by notification to the other Contracting Party.

The termination shall become effective on the first day of the

second month following the month in which the notification was

received by the other Contracting Party.

In confirmation of the above, the

representatives of both Contracting Parties, duly authorised for

this purpose, have signed the present Agreement.

Done at Lubljan on the 5th day of

March 1998 in two originals in Latvian, Slovenian and English

languages, all three texts being equally authentic. In case of

any dispute or difference in the interpretation of the present

Agreement, the English text shall prevail.

ON BEHALF OF THE GOVERNMENT ON

BEHALF OF THE GOVERNMENT

OF THE REPUBLIC OF LATVIA OF THE

REPUBLIC OF SLOVENIA

VALDIS BIRKAVS BORIS FRLEC

MINISTER OF FOREIGN AFFAIRS

MINISTER OF FOREIGN AFFAIRS

Latvijas

Republikas valdības

un Slovēnijas

Republikas valdības

līgums

par savstarpēju

atteikšanos no vīzām

Latvijas Republikas Valdība un

Slovēnijas Republikas Valdība (turpmāk — Līgumslēdzējas

Puses),

nolūkā atvieglot ceļojumus un lai

attīstītu draudzīgās attiecības starp abām valstīm,

ir vienojušās par sekojošo: