The Government of the Republic of Slovenia and The Federal Government of the Federal Republic of Yugoslavia (hereinafter referred to as the Contracting Parties),
Having the wish to improve the relationship between the two States,
In order to define the return and readmission of persons who do not, or do not any more, comply with the conditions for entry or stay, applicable on the territory of the other Contracting Party,
With a desire to facilitate the prevention and suppression of illegal migrations,
Have agreed as follows:
Article 1
Definition of used terms
(1) A PERSON BEING RETURNED AND ADMITTED IS:
1. A person ascertained to be the national of one of the Contracting Parties, who does not comply with the conditions for stay on the territory of the other Contracting Party;
2. The national of a third state, who does not, or does not any more, comply with the conditions for entry or stay, applicable on the territory of the requesting Party, but has previously stayed on the territory of the requested Party;
(2) A PERSON IN TRANSIT is a national of a third state who has been granted transit across its territory by one Contracting Party, upon request of the other Contracting Party;
(3) THE REQUESTING CONTRACTING PARTY is the Party on whose state territory the person being readmitted, or the person for whom transit is requested, is present, under the conditions defined by this agreement (hereinafter referred to as the requesting Party);
(4) THE REQUESTED CONTRACTING PARTY is the Party upon whose state territory the person is to be admitted, or to be granted transit across its territory, under the conditions defined by this agreement (hereinafter referred to as the requested Party);
(5) LETTER OF REQUEST for readmission, or transit presents the request by means of which the requesting Party addresses the requested Party to admit a person upon its territory, or grant such person’s transit across its territory;
(6) ANSWER TO LETTER OF REQUEST for readmission, or transit is an announcement, by means of which the requested Party answers the letter of request for readmission, or transit;
(7) COMPETENT AUTHORITIES are the authorities of the Contracting Parties, through which the procedure of readmission, or transit is conducted.
READMISSION OF THE NATIONALS OF THE CONTRACTING PARTIES
Article 2
Obligation of readmission
(1) The requested Party shall, upon the letter of request of the other Party, readmit without formalities, any person present on the territory of the requesting Party, who does not, or does not any more, comply with the conditions for entry or stay, if it is ascertained, that such person is the national of the requested Party.
(2) Documents proving identity and nationality shall be defined by the executive Protocol of this Agreement.
(3) The requesting Party shall readmit a person, if it has been ascertained that the person did not have the nationality of the requested Party and the provisions of Article 2 paragraph 1 of this Agreement cannot be applied to him/her.
Article 3
Ascertainment of identity and nationality
(1) The competent authority of the requested Party shall ascertain the identity and nationality of the readmitted person in accordance with its regulations.
(2) The requesting Party shall, in order to ascertain identity and nationality of the person in the previous paragraph, provide the requested Party with a letter of request for readmission and available personal documents.
Article 4
Procedure upon letter of request for readmission
(1) The competent authority of the requested Party shall within 20 days inform the competent authority of the requesting Party on the answer to the letter of request for return.
(2) Upon receiving positive answer to the letter of request for return, the competent authority of the requesting Party shall, by means of presenting this answer to the diplomatic and consular representatives of the requested Party, provide a passport substitute for the person being returned.
The passport substitute will be issued immediately, within three days at the latest.
(3) Any negative answer to the letter of request for return must be elaborated.
Article 5
Return and readmission procedure
(1) Return and readmission shall be conducted within 30 days of the date of issuance of the passport substitute.
(2) The competent authority of the requesting Party shall inform the competent authority of the requested Party about the time and means for returning a person, ten days prior to the planned return at the latest.
(3) The competent authority of the requesting Party shall inform the competent authority of the requested Party about the time and means of returning person, in need of special assistance, attention or care due to illness or age.
READMISSION OF NATIONALS OF THIRD STATES OR STATELESS PERSONS
Article 6
Obligation and procedure of return and readmission
(1) Each Contracting Party shall admit to its territory, upon a request of the other Contracting Party, a national of a third state, as well as a stateless person who does not, or does not any more, comply with the conditions for entry or residence applicable on the territory of the requesting Party, previously having stayed on the territory of the requested Party and entered the territory of the requesting Party directly.
(2) The requested Party shall, upon a request of the requesting Party, admit 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 on the territory of the requesting Party, if such person has a valid visa, unused transit visa excluded, or any other valid residential permit, issued by the requested Party.
(3) The letter of request for return contains data on identity and nationality of the person being returned, as well as proofs confirming his/her stay on the territory of the requested Party.
(4) The requested Party shall answer the letter of request for return within 20 days of the date of its delivery.
(5) The requested Party shall admit a national of a third state or a stateless person within 30 days of the delivery date of the positive answer to the letter of request for return.
(6) Any negative answer to the letter of request for return must be elaborated.
Article 7
Exclusion of obligation of readmission
The obligation of readmission according to this agreement, shall not exist in relation to nationals of third states or stateless persons in the following cases:
1. nationals of third states bordering with the State of the requesting Party;
2. nationals of third states or stateless persons who, after leaving the territory of the requested Party or after entering the territory of the requesting Party, obtained a visa or residential permit of the requesting Party;
3. nationals of third states or stateless persons who have resided on the territory of the requesting Party for the past six months;
4. 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;
5. nationals of third states or stateless persons, already returned by the requested Party to their state of origin or to any other third state.
Article 8
The requesting Party shall accept to its territory those nationals of third states or stateless persons, for whom it would be ascertained, that they do not comply with the clauses under Articles 6 and 7 of the present Agreement, at the time of their departure from the territory of the requested Party.
READMISSION OF NATIONALS OF THIRD STATES OR STATELESS PERSONS IN TRANSIT
Article 9
Transit procedure
(1) Each Contracting Party shall, upon request from the other Contracting Party, admit nationals of third states or stateless persons for the purpose of transit across its territory, provided the requesting Party submits sufficient proof it has secured their admission to the State of destination or to the territory of the next state they will transit.
(2) The letter of request for transit is submitted by the requesting Party, which is obliged to provide the proofs in paragraph 1 of this article.
(3) The transportation of persons in transit accompanied by official escort shall be conducted according to the regulations of the requested Party.
Article 10
Reasons for rejection of transit
(1) Transit may be rejected in the following cases:
1. If the risk exists that the person in transit will be treated inhumanly, executed or his/her life, physical integrity or freedom jeopardised in the destination state or any other eventual transit states, because of his/her ethnicity, religion, race, or membership of a certain social group or because of his/her political opinion.
2. If the person in transit is faced in the destination state or any transit state with criminal prosecution or sentence, except for illegal border crossing.
(2) Any negative answer to the letter of request for transit shall be elaborated.
COOPERATION IN APPLICATION OF THE AGREEMENT
Article 11
Execution of the Agreement
In order to execute this Agreement, the Contracting Parties shall agree on a Protocol for the execution of this Agreement.
This Protocol exclusively specifies:
1. competent authorities and means of bilateral informing;
2. documents for ascertaining the fact of nationality, verification of documents and written acts;
3. detailed procedure rules, specimens of forms for readmission and transit;
4. border check points, where the readmission or transit of persons will be conducted.
Article 12
Expert Commission
The Contracting Parties shall co-operate in the discussion of questions related to the application and interpretation of this Agreement and Protocol for its enforcement. For this, a mutual Expert Commission shall be established, on the level of experts of the competent authorities of the Contracting Parties.
The Commission shall meet as required, upon request one of the Contracting Parties, at least once a year.
Article 13
Expenses
The expenses for readmission and the expenses for transit across the territory of the requested Party, are covered by the requesting Party.
Article 14
Data protection
Insofar as personal data have to be communicated in order to implement this Agreement, such information must be in accordance with the national law of each Contracting Party and may exclusively concern the following:
1. particulars of the person to be transferred (surname, given name, when necessary any previous name, nicknames or pseudonyms, aliases, date and place of birth, sex, last known address in the State of the requested Party, current and any previous nationality);
2. identity card or passport (serial number, validity, date of issue, issuing authority, place of issue and other);
3. other details needed to identify the person to be transferred;
4. places of residence and travel itineraries;
5. residence permits or visas issued by one of the Contracting Parties;
6. other data requested by one of the Contracting Parties, necessary for the assessment of the conditions for readmission according to this Agreement.
Article 15
Prejudice Clause
The provisions of the present Agreement shall not interfere with any obligations which derive from other international agreements binding for the Contracting Parties.
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.
IMPLEMENTATION AND SUSPENSION OF AGREEMENT
Article 16
Temporary implementation and suspension of Agreement
(1) This agreement is concluded for an indefinite period. This Agreement shall be applied provisionally from the thirtieth day following the date of its signature.
(2) Each Contracting Party may temporarily suspend, in whole or in part, the implementation of this Agreement for reasons of state security, public order or public health. The temporary suspension of implementation shall not relate to own nationals, except in case of contingencies. The temporary suspension of implementation or ending of temporary suspension of implementation, may enter into force on the day following the day the other Contracting Party received written notice through diplomatic channels on the enactment of temporary suspension of implementation or ending of temporary suspension of implementation.
FINAL PROVISIONS
Article 17
This Agreement shall enter into force on the thirtieth day following the date of the exchange of notes, by which the Contracting Parties notify each other that its confirmation procedure, required by the respective internal legislation of the Contracting Parties, is completed.
Article 18
Termination of Agreement
Each Contracting Party may terminate this Agreement by written notification, through diplomatic channels. In that case, the termination shall become effective on the thirtieth day following the date on which the notification on termination was received.
In confirmation of the above, the representatives of both Contracting Parties, duly authorised for this purpose, have signed the present Agreement.
Done at Ljubljana on the 6 day of April 2001 in two originals, each in Slovenian, Serbian and English, all three texts being equally authentic. In case of any differences in the interpretation of the present Agreement, the English text shall prevail.
FOR THE GOVERNMENT OF
THE REPUBLIC OF SLOVENIA
Dr Rado Bohinc, (s)
FOR THE FEDERAL GOVERNMENT
OF THE FEDERAL REPUBLIC
OF YUGOSLAVIA
Zoran Živković, (s)