On readmission and transit of persons

11.10.2023

Agreement

Between The Government of The Republic of Uzbekistan and The Government of The Czech Republic

[Registered by the Ministry of Foreign Affairs of the Republic of Uzbekistan in the State Register under the number № 4527-CZ-2023-H]

The Government of the Republic of Uzbekistan and the Government of the Czech Republic, hereinafter jointly referred to as “the Parties” and separately as “the Party”,

Struggling to develop partnership between the both states and their cooperation in the different fields, including fight against illegal migration,

Convinced that an introduction of principles and norms agreed by the Parties regulating the procedure of return and readmission of persons who stay on the territories of the States of the Parties in violation of the legal provisions for entry, stay and residence of foreign nationals or stateless persons is an important part of control of migratory processes and contribution to fight against illegal migration,

Observing the national legislation and assumed international obligations of the States of the Parties,

Have agreed as follows:

Article 1

Definitions

For the purpose of this Agreement shall mean:

1) “Readmission” — the return by the Requesting Party and admission by the Requested Party of nationals of the State of the Requested Party, third-country nationals or stateless persons who have been found illegally entering to, being present in or residing on the territory of the State of the Requesting Party, in accordance with the provisions of this Agreement;

2) “Requesting Party” — the Party submitting the readmission application pursuant to Article 5 of this Agreement or a transit application pursuant to Article 12 of this Agreement;

3) “Requested Party” — the Party to which a readmission application pursuant to Article 5 of this Agreement or a transit application pursuant to Article 12 of this Agreement is addressed;

4) “Third-country national” — any person who holds a nationality other than that of the States of the Parties;

5) “Stateless person” — any person who does not hold nationality of the States of the Parties, and who has no evidence of holding the nationality of any other State;

6) “Residence authorization” — a permit of any type issued by the competent authorities of the Parties entitling a person to reside on the territory of their States, except temporary permissions to stay in the territory of the States of the Parties in connection with the processing of an asylum application, or an application for a residence authorization;

7) “Visa” — an authorization issued by the competent authorities of the Parties which is required with a view to enter in or transit through the territory of their States, except airport transit visa;

8) “Transit” — the passage of third-country nationals or stateless persons through the territory of the State of the Requested Party while travelling from the State of the Requesting Party to the State of destination;

9) “Competent authority” — any authority of the State of the Party mentioned in the Protocol on the Implementation of this Agreement which is responsible for the implementation of this Agreement;

10) “Personal data” — any information received by the Parties for the purpose of the implementation of this Agreement relating to an identified or on the basis of this information identifiable natural person.

Article 2

Readmission of nationals of the States of the Parties

1. The Requested Party shall, upon application by the Requesting Party under the framework of this Agreement, readmit to the territory of its State any person who do not, or who no longer, fulfil the conditions for entry to, presence in or residence on the territory of the State of the Requesting Party, provided it is established that such person is a national of the State of the Requested Party.

2. The Requested Party simultaneously with the persons referred to in paragraph 1 of this Article shall readmit their:

minor unmarried children, regardless of their place of birth or their nationality, unless they have an independent right of presence in or residence on the territory of the State of the Requesting Party;

spouses, holding another nationality, provided they have the right of entry to, presence in or residence on the territory of the State of the Requested Party or receive such right, unless they have an independent right of presence in or residence on the territory of the State of the Requesting Party.

3. The Requested Party shall, if necessary, issue the person whose readmission has been accepted a travel document with a period of validity of at least 6 months within 7 calendar days from the date of such acceptance; this is irrespective of the will of the person to be readmitted. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document, the Requested Party shall, within 14 calendar days, extend the validity of the travel document or, where necessary, issue a new travel document with the same period of validity. If the Requested Party has not, within 14 calendar days, issued the new travel document, or extended its validity, the Requested Party shall accept the expired document.

Article 3

Readmission of third-country nationals and stateless persons

1. The Requested Party shall, upon application by the Requesting Party and under the framework of this Agreement, readmit to the territory of its State any third-country national or stateless person who do not, or no longer, fulfil the conditions for entry to, presence in or residence on the territory of the State of the Requesting Party, provided that evidence is furnished that such person:

1) illegally entered the territory of the State of the Party coming directly from the territory of the State of the other Party; or

2) at the time of entry held a valid residence authorization or a status of stateless person issued by the Requested Party; or

3) at the time of entry held a valid visa issued by the Requested Party and entered the territory of the State of the Requesting Party coming directly from the territory of the State of the Requested Party.

2. The readmission obligation under paragraph 1 of this Article shall not apply if

1) the third-country national or stateless person has only been in airside transit via an International Airport on the territory of the State of the Requested Party; or

2) the Requesting Party has issued to the third-country national or stateless person a visa or residence authorization before or after entering the territory of its State unless

that person is in possession of a visa or residence authorization, issued by the Requested Party, which has a longer period of validity; or

the visa or residence authorization issued by the Requesting Party has been obtained by using falsified documents;

3) the third-country national or stateless person does not need a visa for entering the territory of the State of the Requesting Party.

3. After receiving a positive reply to the readmission application given by the Requested Party, the Requesting Party issues the person whose readmission has been accepted a travel document recognised by the Requested Party.

Article 4

Readmission in error

The Requesting Party shall take back any person readmitted by the Requested Party if it is established, within a period of 3 months after the transfer of the person concerned, that the requirements laid down in Articles 2 or 3 of this Agreement are not met. In such cases the procedural provisions of this Agreement shall apply mutatis mutandis and the Requested Party shall communicate all available information relating to the identity and nationality of the person to be taken back.

Article 5

Readmission application

1. Without prejudice to paragraph 2 of this Article, any transfer of a person to be readmitted on the basis of one of the obligations under Articles 2 and 3 of this Agreement shall require the submission of a readmission application to the competent authority of the Requested Party.

2. A submission of a readmission application is not necessary if the national of the State of the Party to be readmitted is in possession of a valid travel document or identity card. A submission of a readmission application is not necessary if the third-country national or stateless person to be readmitted are in possession of a valid travel document and a valid visa, residence permit or a status of stateless person issued by the Requested Party.

3. The readmission application shall contain, in particular:

1) all available particulars of the person to be readmitted in accordance with the Protocol on the Implementation of this Agreement;

2) means of evidence under Article 6 or 7 of this Agreement.

4. Where necessary, the readmission application should also contain the following:

1) a statement indicating that the person to be transferred may need help or medical care;

2) information on any other protection or security measures, including measures for protection of public health which may be necessary in the individual transfer case.

Article 6

Evidence of nationality of the State of the Party

1. Nationality pursuant to Article 2 (1) of this Agreement can be established by means of at least one of the documents listed in Annex 1 to this Agreement, even if its period of validity has expired. If such documents are presented, the Parties shall mutually recognize the nationality without further verification being required.

2. If none of the documents listed in Annex 1 to the Agreement can be presented, the nationality under Article 2 (1) of this Agreement can be established by means of at least one of the documents listed in Annex 2 to this Agreement, even if its period of validity has expired. If such documents are presented, the Parties shall mutually deem the nationality to be established unless they can prove otherwise.

3. Nationality cannot be established by means of false documents.

4. If none of the documents listed in Annexes 1 and 2 to this Agreement can be presented, the diplomatic or consular representation of the Requested Party, after receipt the readmission application from the competent authority of the Requesting Party, shall without delay take appropriate measures to establish nationality of the person to be readmitted.

Article 7

Evidence of the grounds for the readmission of third-country nationals and stateless persons

1. Proof of the grounds for the readmission of third-country nationals and stateless persons pursuant to Article 3 (1) of this Agreement can be furnished through at least one of the documents listed in Annex 3 to this Agreement. If such proof is presented, the grounds for the readmission shall be mutually recognised by the Parties without further verification being required.

2. Indirect evidence of the grounds for the readmission of third-country nationals and stateless persons pursuant to Article 3 (1) of this Agreement can be furnished through at least one of the documents listed in Annex 4 to this Agreement. If such means of evidence are presented, the Parties shall deem the grounds to be established unless they can prove otherwise.

3. Proof of the grounds for the readmission cannot be established by means of false documents.

Article 8

Time limits for the submission and examination of readmission applications

1. The readmission application must be submitted to the competent authority of the Requested Party within a maximum of six (6) months after the Requesting Partyʼs competent authority has gained knowledge that a third-country national or a stateless person does not, or does no longer, fulfil the conditions for entry, presence or residence. Where there are obstacles to the application being submitted in time, the time limit shall, upon duly motivated request, be extended until the obstacles have ceased to exist.

2. A readmission application shall be replied to by the Requested Party without undue delay, and in any event within 30 calendar days after the date of receipt of such application. Where there are obstacles to the application being replied to in time, the time limit shall, upon duly motivated request, be extended, up to 60 calendar days.

3. If there was no reply within the time limits referred to in paragraphs 2 of this Article, the readmission shall be deemed to have been agreed to.

4. Reasons for refusal of a readmission application shall be given to the Requesting Party.

Article 9

Time limits for the readmission

1. If competent authorities of the Parties do not agree otherwise in a particular case, the transfer of persons whose readmission is agreed by the Requested Party shall be held within 30 days of receipt of this approval by the Requesting Party.

2. The time limit referred to in paragraph 1 of this Article shall be extended if persons concerned cannot be transferred to the competent authority of the Requested Party by reason of circumstances objectively impeding the return, including serious illness of the person to be readmitted or inability to determine the place of residence of such person on the territory of the State of the Requesting Party in time.

Article 10

Transfer modalities and means of transport

1. Before the transfer of a person to be readmitted, the competent authorities of the Parties shall make arrangements in writing in advance regarding the transfer date, the border crossing point, possible escorts and other questions relevant to the transfer.

2. Both air and land means of transport, shall be allowed for the transfer of a person to be readmitted.

3. If the person to be readmitted needs help or medical care with regard to his/her health or age or if other protection or security measures are required, the transfer shall be escorted. The escort shall be exempted from having to obtain an airport transit visa.

Article 11

Principles of transit

1. The Requested Party shall allow the transit of third-country nationals or stateless persons, if the onward journey of such persons through the territory of other States of transit and the admission by the State of destination is guaranteed.

2. Transit can be refused by the Requested Party

1) if the third-country national or the stateless person runs the risk of being subjected to torture or to inhuman or degrading treatment or punishment or the death penalty or of persecution because of his race, religion, nationality, membership of a particular social group or political conviction in the State of destination or another State of transit; or

2) if the third-country national or the stateless person may be subject to criminal prosecution or sanctions in the State of the Requested Party or in another State of transit; or

3) on grounds of the protection of public health, domestic security, public order or other national interests of the State of the Requested Party.

3. The Requested Party may revoke any authorization issued if circumstances referred to in paragraph 2 of this Article subsequently arise or come to light which stand in the way of the transit operation, or if the onward journey through the territory of any other State of transit or the admission by the State of destination is no longer guaranteed. In this case, the Requesting Party shall take back the third-country national or the stateless person without delay.

Article 12

Transit procedure

1. A transit application must be submitted to the competent authority of the Requested Party in writing no later than 10 calendar days before the envisaged start of transit and shall contain the following information:

1) mode of transit, route of transit, all other States of transit, if any, and the State of destination;

2) all available particulars of the person subject to transit;

3) envisaged point of entry, time of transfer and possible use of escorts;

4) declaration that in the view of the Requesting Party the conditions under Article 11 paragraph 1 of this Agreement are met, and that no reasons for a transit refusal under Article 11 paragraph 2 of this Agreement are known.

2. The competent authorities of the Requested Party shall, within 5 working days after receipt of the application and in writing, inform the competent authorities of the Requesting Party of their consent to the transit operation, confirming the point of entry and the envisaged time of admission of the person or inform them of the transit refusal and of the reasons for such refusal.

3. If the transit operation takes place by air, the person subject to transit and possible members of the escort shall be exempted from having to obtain a transit visa.

4. The competent authorities of the Requested Party shall assist in the transit operations, in particular through the surveillance of the persons in question and the provision of suitable amenities. If the transit of persons cannot take place by air, the competent authorities of the Requesting Party shall hand over the person subject to transit to the competent authorities of the Requested Party on border crossing point. The competent authorities of the Requested Party shall ensure that the person is handed over to the State of destination or other State of transit.

5. The members of the escort of the Requesting Party shall have on them a copy of the document which confirms the consent of the Requested Party with the transit. The members of the escort of the Requesting Party shall not exercise any authority on the territory of the State of the Requested Party and shall not be armed.

Article 13

Costs

All costs incurred in connection with readmission and transit operations pursuant to Article 2 paragraph 1, Article 3 paragraph 1 and Article 11 paragraph 1 of this Agreement as far as the border crossing point on the border of the State of final destination shall be borne by the Requesting Party, as well as the costs of the Requested Party relating to the return of persons in accordance with Article 4 of this Agreement.

Costs related to issue of a travel document shall be borne by the Party issuing such document.

Article 14

Data Protection

The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of the Parties. When communicating, processing or using personal data, the competent authorities of the Parties shall abide by legislation of their states.

Additionally the following principles shall apply:

1) Personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the receiving competent authority in a way incompatible with that purpose.

2) Personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed. In particular, communicated personal data may concern only the following:

the particulars of the person subject to readmission or transit (given names, surnames, other names used/by which known or aliases, sex, civil status, date and place of birth, current and any previous nationality);

passport, identity card, driving license and other identification or travel documents (number, period of validity, date of issue, issuing authority, place of issue);

stop-overs and itineraries;

other information needed to identify the person subject to readmission or transit or to examine readmission or transit requirements pursuant to this Agreement and to ensure readmission or transit of the person concerned.

3) Personal data must be accurate and, where necessary, kept up to date.

4) Personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed.

5) Both the communicating competent authority and the receiving competent authority shall take every reasonable step to ensure appropriate rectification, erasure or blocking of personal data where the processing of the personal data does not comply with the provisions of this Article, in particular because these data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any data rectification, erasure or blocking to the other Party.

6) Upon request, the receiving competent authority shall inform the communicating competent authority of the use of the communicated data and of the results obtained therefrom.

7) Personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior written consent of the communicating competent authority.

8) The communicating and the receiving competent authorities are under an obligation to make a written record of the communication and receipt of personal data.

9) The person concerned, whose data are being communicated, shall have the right to request and to obtain information on the communicated data in accordance with the national legislation of the State of the Party which was requested to provide such information.

Article 15

Protocol on the implementation of the Agreement

The Parties shall conclude a Protocol on the Implementation of this Agreement, which shall, in particular, stipulate the following:

1) the form of readmission and transit applications under Article 5 and Article 12 of this Agreement;

2) the competent authorities responsible for implementation of this Agreement, including the mode of their mutual communication;

3) border crossing points of the States of the Parties, which will be used for the implementation of this Agreement;

4) detailed description of costs under Article 13 of this Agreement and the ways of their reimbursement.

Article 16

Non-affection clause

This Agreement shall be without prejudice to the rights and obligations of the States of the Parties arising from other international agreements binding upon the States of the Parties.

Article 17

Dispute Settlement

Any disputes concerning the interpretation or implementation of the provisions of this Agreement shall be resolved by means of negotiations and consultations between the Parties.

Article 18

Amendments to the Agreement

This Agreement may be amended and supplemented by mutual consent of the Parties; amendments and supplements shall form an integral part of this Agreement, shall be drawn up in the form of protocols to this Agreement and shall enter into force in accordance with the procedure laid down in Article 19 of this Agreement.

Article 19

Final Provisions

1. This Agreement shall enter into force on the first day of the second month following the date of receipt, through diplomatic channels, of the later written notification by which the Parties inform each other on the fulfilment of the national procedures required for the entry into force of this Agreement.

2. This Agreement is concluded for an indefinite period of time and shall terminate after 6 months from the date of receipt by one Party, through diplomatic channels, of the written notice of the other Party of its intention to terminate the Agreement.

Done at Prague on the 11 of October, 2023, in duplicate in the Uzbek, Czech, Russian and English languages, each of these texts being equally authentic. In case of differences in interpretation of the provisions of this Agreement, the Russian text shall prevail.

(signature)

ANNEX 1 to the Agreement between the Government of the Republic of Uzbekistan and the Government of the Czech Republic on Readmission and Transit of Persons

LIST OF DOCUMENTS FOR PROOF OF NATIONALITY OF THE STATE OF THE PARTY

(Article 6 paragraph 1 of this Agreement)

For the Republic of Uzbekistan:

diplomatic passport;

passport of the national of the Republic of Uzbekistan

biometric passport of a national of the Republic of Uzbekistan;

biometric passport of a national of the Republic of Uzbekistan for travel abroad;

birth certificate (for children under 16 years);

certificate of a national of the Republic of Uzbekistan who is under 16 years of age;

ID-card of the national of the Republic of Uzbekistan;

certificate for the return to the Republic of Uzbekistan.

For the Czech Republic:

travel document of any kind (a national passport, a diplomatic passport, a service passport, an emergency passport);

identity card of the Czech Republic.

ANNEX 2 to the Agreement between the Government of the Republic of Uzbekistan and the Government of the Czech Republic on Readmission and Transit of Persons

THE COMMON LIST OF DOCUMENTS FOR EVIDENCE OF NATIONALITY

(Article 6 paragraph 2 of this Agreement)

photocopies of any of the documents listed in Annex 1 to this Agreement;

nationality certificate or its photocopy;

seamanʼs registration book or photocopy thereof;

driving license or photocopy thereof;

birth certificate or photocopy thereof;

any official document that mentions or suggests nationality, or a photocopy thereof;

company identity card or photocopy thereof;

statements by witnesses;

statement made by the person concerned;

in case of nationals of the Republic of Uzbekistan military service card, military service certificate, military service book, military identity card or photocopies thereof;

in case of the Czech Republic military service book or military service card or photocopies thereof;

in case of nationals of the Czech Republic also, an identity card of the Czechoslovak Republic, the Czechoslovak Socialist Republic, or a Czech and Slovak Federative Republic indicating the nationality of the Czech Republic;

any other document which may help to establish the nationality of the States of Parties.

ANNEX 3 to the Agreement between the Government of the Republic of Uzbekistan and the Government of the Czech Republic on Readmission and Transit of Persons

LIST OF DOCUMENT FOR PROOF OF THE GROUNDS FOR THE READMISSION OF THE THIRD-COUNTRY NATIONALS AND STATELESS PERSONS

(Article 7 paragraph 1 of this Agreement)

valid visa and/or residence authorization issued by the State of the Requested Party;

entry/departure stamps of the State of the Requested Party in the travel document of the person concerned or other evidence of entry/departure;

international named tickets of air, train or coach passages, which testify to the itinerary of the person concerned from the territory of the State of the Requested Party directly to the territory of the State of the Requesting Party;

passenger lists of air, train or coach passages which testify to the itinerary of the person concerned from the territory of the State of the Requested Party directly to the territory of the State of the Requesting Party;

official statements made by border authority staff of the State of the Requesting Party who can testify that the person concerned has entered the territory of the State of the Requesting Party coming directly from the territory of the State of the Requested Party;

for the Republic of Uzbekistan — biometric travel document issued to a stateless person;

for the Czech Republic — travel document issued to a stateless person.

ANNEX 4 to the Agreement between the Government of the Republic of Uzbekistan and the Government of the Czech Republic on Readmission and Transit of Persons

LIST OF INDIRECT EVIDENCE OF THE GROUNDS FOR THE READMISSION OF THE THIRD-COUNTRY NATIONALS OR STATELESS PERSONS

(Article 7 paragraph 2 of this Agreement)

photocopies of any of the documents listed in Annex 3 to this Agreement;

international tickets;

documents, certificates and bills of any kind (e.g. hotel bills, appointment cards for doctors/dentists, entry cards for public/private institutions, car rental agreements, credit card receipts etc.) which clearly show that the person concerned stayed on the territory of the State of the Requested Party;

official statement by the person concerned in judicial or administrative proceedings;

official statement of a witness who is able to confirm that the person concerned crossed the border;

information showing that the person concerned has used the services of a courier or travel agency.