The Swiss Federal Council and the Government of the Republic of Armenia (hereinafter named the "Contracting Parties") Agreement between The Government of the Republic of Lithuania and The Government of the Republic of Armenia on The Readmission of Persons with Unauthorised Stay The Government of the Republic of Lithuania and the Government of the Republic of Armenia, hereinafter referred to as the Contracting Parties, Wishing to maintain and strengthen the spirit of solidarity and co-operation between them, Determined to take measures against illegal immigration, Desirous, in a spirit of co-operation and on the basis of reciprocity, of facilitating the readmission of persons whose stays have not been authorised, Aiming at securing fundamental rights and freedoms, and in particular, the right to apply to legal and authorised bodies, which is stipulated in international agreements and national legislation, for persons, subject to return, Guided by the principle of individual consideration of cases of persons, subject to readmission, Have agreed as follows: Article 1 The terms used in the Agreement In the context of this Agreement the terms mentioned below have the following meaning: “Requesting Contracting Party” means one of the Contracting Parties submitting a request to the other Contracting Party seeking authorization for readmission or readmission related transit operations; “Requested Contracting Party” means one of the Contracting Parties addressed by the other Contracting Party with a request for readmission or readmission related transit operations; “Persons with unauthorised stay”- own nationals and aliens who do not fulfil or no longer fulfil the legal requirements for entry to or residence in the territory of the State of one of the Contracting Parties; “Alien” - a person who does not possesses nationality of the State of either Contracting Party. Article 2 Readmission of own nationals 1. Each Contracting Party shall readmit at the request of the other Contracting Party and without formalities other than those specified in this Agreement any person with unauthorised stay provided that it is proved or can be reasonably assumed that he or she possesses the nationality of the State of the Requested Contracting Party. 2. Upon application by the Requesting Contracting Party, the Requested Contracting Party shall without delay issue the persons to be readmitted with the travel documents required for their repatriation. 3. The Requesting Contracting Party shall readmit such person again to its own territory under the same conditions, if further inquiries reveal that he or she did not in fact possess the nationality of the Requested Contracting Party when he or she left the territory of the State of the Requesting Contracting Party. Article 3 Proof or assumption of nationality 1. Nationality is considered to be proven by a valid national passport or by a valid identity document issued to its own nationals by the competent authorities of the State of the Requested Contracting Party, if these documents may be obviously ascribed to their bearer. If these documents are presented, the competent authorities of the Requested Contracting Party shall recognize the person's nationality and no further examination will be required. 2. Nationality may be reasonably assumed if based on evidence as follows:
- a)any of the documents listed under paragraph 1 of this Article, validity of which has expired;
- b)a written testimony of the person concerned;
- c)a written statement by a third person;
- d)other evidence which, in concrete cases, are acknowledged by the Requested Contracting Party. Nationality is considered to be proven on the basis of the evidence mentioned above provided that the Requested Contracting Party confirms it. 3. If nationality cannot be proved and presumption of nationality cannot be established on the basis of evidence and the documents supplied, in order to determine nationality of the person in question each Contracting Party may appoint representative of the diplomatic or consular mission abroad, to hold interview with the person concerned or appoint experts. Article 4 Readmission of aliens 1. Each Contracting Party, at the request of the other Contracting Party, shall readmit to the territory of its State without formalities other than those specified in this Agreement an alien with any valid legal status in the territory of its State. 2. In the case of an alien readmission request is accepted, the Requesting Contracting Party shall issue the alien, as the case may be, with the standard travel document. The specimen of the standard travel document shall be agreed upon by the Contracting Parties through diplomatic channels. 3. However, the Requesting Contracting Party shall later readmit to the territory of its State any alien referred to in paragraph 1 of this Article if it is proved that he or she did not in fact have been granted valid legal status by the Requested Contracting Party when he or she left the territory of the latter State. 4. The obligations of readmission as provided in this Article shall not apply to the nationals of the third states, that have a common state border with the Requesting Contracting Party. Article 5 Time-limits 1. The Requested Contracting Party shall reply to a readmission request without delay, and, at most, within thirty days from the date of receipt of such request. 2. The Requested Contracting Party shall take charge of anyone whose readmission has been agreed to without delay and, at most, within thirty days from the date of the reply. If the Requesting Contracting Party wishes, this time-limit can be extended as necessary to deal with legal requirements or practical difficulties. The competent authorities of each Contracting Party shall agree with the final transfer date in writing and in advance. 3. Should it be proved that alien has resided longer than six months without interruption with the knowledge of a Contracting Party in the territory of its State, that Contracting Party may no longer file an application for readmission. Exceptionally, for reasons such as serious health problems, legal requirements or important practical difficulties, this period may be extended up to twelve months. Article 6 Transit 1. Each Contracting Party shall allow, at the request of the other Contracting Party, the transit of aliens under the supervision of the competent authorities (hereinafter referred to as "transit") provided that admission to other transit countries and to the destination country are guaranteed. 2. The transit of aliens can be refused if there is sufficient evidence that in the destination country or any transit country, the person is threatened with inhuman treatment or the death penalty, or that his or her life, physical welfare or freedom are endangered on the basis of his or her nationality, religion, race or political conviction. 3. Transit may also be refused if the person can expect criminal prosecution or the execution of a sentence on the territory of the State of the Requested Contracting Party, in a transit country, or in the destination country. 4. Application for transit will be made and answered in writing within ten working days after receiving the application. If the Requested Contracting Party accepts an application, the transit must be carried out within 30 days from the date of the reply. 5. In case of transit a maximum of 20 persons can be transported together. 6. Even if earlier reply have been given to the Requesting Contracting Party, anyone who has been accepted for transit may be returned if it is later shown that the conditions in paragraph 1 – 3 of this Article have not been met. In this case, the Requesting Contracting Party shall readmit the person concerned. Article 7 Exchange and protection of information 1. If personal data (hereinafter referred to as data) is transmitted in order to implement this Agreement, the data shall be collected, treated and protected according to national and international law. In particular, the following principles shall be observed:
- a)the recipient Contracting Party shall use the data only for the purpose stated in this Agreement and under the conditions set by the transmitting Contracting Party;
- b)if asked, the recipient Contracting Party shall inform the transmitting Contracting Party about how the data will be used;
- c)data may only be transmitted to and used by the competent authorities responsible for implementing this Agreement. The transmitting Contracting Party must give its written consent before the data can be further communicated to other bodies;
- d)the Contracting Party transmitting the data shall ensure that it is accurate, necessary and do not exceed the requirements of the purposes for which it is transmitted. The transmitting Contracting Party will observe any restrictions under its own law regarding the transmission of data. If the data is inaccurate or have been transmitted illegally, the recipient Contracting Party shall be informed of this immediately and shall correct or destroy the data;
- e)person, if he or she requests it, shall be informed about the transmission of any data relating to themselves as well as its intended purpose, in accordance with the national law of the Contracting Party from which the data is requested;
- f)transmitted data shall only be stored for as long as it is required for the purposes for which it was transmitted;
- g)each Contracting Party shall protect transmitted data against unauthorised access, alteration or disclosure. 2. Data transmitted in relation to the readmission of persons can concern only the following:
- a)the particulars of the person to be readmitted (transited) and, where necessary, of the members of the person's family (name, first name, any previous names, nicknames or pseudonyms, aliases, date and place of birth, sex, current and any previous nationality, last known address, etc.);
- b)identity card, passport, other identity and travel document (number, period of validity, date of issue, issuing authority, place of issue, etc.);
- c)other details such as photographs which are needed to identify the person to be readmitted, or to inquire whether the conditions for readmission in this Agreement have not been met;
- d)stopping places and itineraries;
- e)any relevant information proving that the person stayed without an authorisation on the territory of the State of the one of the Contracting Parties;
- f)any relevant information on the health condition of the person;
- g)information on the necessity of escort of the person to be readmitted or transited and data on escorting officials. Article 8 Costs 1. All transportation costs incurred in connection with readmission and transit as far as the border of the State of the Requested Contracting Party or the border of the country of destination as well as with return of the persons referred in paragraph 3 of the Article 2, paragraph 3 of the Article 4 and paragraph 6 of the Article 6 of this Agreement shall be borne by the Requesting Contracting Party. 2. The costs incurred in connection with the determination of nationality referred in paragraph 3 of the Article 3 shall be borne by the Requesting Contracting Party. Article 9 Implementing provisions 1. At the time of notification referred to in paragraph 1 of the Article 13 of this Agreement, the Contracting Parties shall:
- a)notify each other of the competent authority for the implementation of this Agreement and its address;
- b)provide a list of the State’s border-crossing points where readmission and transit will be carried out;
- c)exchange the specimens of the documents referred to in the paragraph 1 of the Article 3 and specimens of the documents related to the legal status referred to in paragraph 1 of the Article 4 of this Agreement. 2. The Contracting Parties shall immediately notify each other of the change of the competent authority and/or its address as well as of the State’s border-crossing points. Any introduction of the new document or changes of the documents mentioned in this Agreement shall be immediately notified to the other Contracting Party as well as the specimens of the new documents have to be provided. Article 10 Principles of good co-operation 1. Both Contracting Parties shall support one another in applying and interpreting this Agreement. They shall keep each other regularly informed of immigration requirements. Any dispute arising out of the interpretation, application or implementation of this Agreement shall be settled through mutual consultations and exchange of views, orally or in writing, between the competent authorities of the Contracting Parties. 2. Each Contracting Party may request that experts of both Contracting Parties meet with a view to resolving any problems associated with the application or the implementation of this Agreement. Article 11 Other obligations This Agreement shall not affect other obligations of the Contracting Parties arising under international agreements, in particular obligations arising from:
- a)the International Covenant on Civil and Political Rights of 16th December 1966 and the European Convention on Human Rights of 4th November 1950 and its Protocols in force for both Contracting Parties;
- b)the Convention of 28th July 1951 relating to the Status of Refugees as complemented by the Protocol on the Status of Refugees of 31st January 1967;
- c)international Agreements on extradition. Article 12 Suspension 1. Each Contracting Party can suspend, totally or partially, the provisions of this Agreement for reasons of public order, public health and national security. This provision shall not apply to the Article 2 of this Agreement. 2. The suspension or termination of the suspension shall be notified immediately in writing to the other Contracting Party. The suspension and termination of the suspension shall enter into the force the next day after such notification is received. Article 13 Final provisions 1. This Agreement is concluded for an indefinite period and shall enter into force after thirty days following receipt of the latest of the written notification by which the Contracting Parties notify each other on the fulfillment of the legal internal procedures required for its entering into force. 2. Each Contracting Party may terminate this Agreement at any time by giving notification in writing to the other. In that event, the Agreement shall cease to have effect thirty days after the date of receipt of that notification. Done in Jerevan on 15 Of September 2003, in duplicate in the Lithuanian, Armenian and English languages, all texts being equally authentic. In case of any differences in interpretation, the English text shall prevail On behalf of the Government of the On behalf of the Government of the Republic of Lithuania Republic of Armenia