Sanctioned: November 27, 2001.
Enacted: January 7, 2002.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:ARTICLE 1 Approval of the agreement between the Government of the ARGENTINA REPUBLIC and the Government of the FRANCE REPUBLIC concerning the review of NATIONALS in IRREGULAR SITUATION, signed in Buenos Aires on 1 February 1995, which consists of DOCE (12) articles, the authenticated copy of which is part of this law. ARTICLE 2 Contact the national executive branch.
DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTSIETE DIAS OF THE MONTH NOVEMBER OF THE YEAR DOS MIL UNO.
PASCUAL RAFAEL. . MARIO A. LOSADA. . Guillermo Aramburu. . Juan C. Oyarzún.
THE GOVERNMENT OF THE REPUBLIC
THE GOVERNMENT OF THE FRANCE REPUBLIC
READMISION OF NATIONALS IN
Wishing to develop cooperation between the two Parties, in order to ensure better implementation of the provisions on the movement of persons, in respect of the rights and guarantees provided for by the laws and regulations in force;
In respect of international treaties and conventions and with the aim of combating irregular immigration;
The Government of the Argentine Republic and the Government of the French Republic, on a reciprocity basis, have agreed:
I DE READMISION OF NATIONALS OF THE PARTIES
1 . Each Party shall readmit in its territory, at the request of the other Party and without formalities, any person who does not meet or who has ceased to meet the applicable entry or residence requirements in the territory of the requesting Party, provided that the nationality of the requested Party is established or presumed.
2 La The requesting Party shall readmit the person mentioned under the same conditions, if subsequent controls show that it did not possess the nationality of the requested Party at the time of its departure from the territory of the requesting Party.
1. La The nationality of the person subject to expulsion shall be established on the basis of the following valid documents:
; identity document;
; certificate of nationality or civil status document;
de passport or other travel document;
de consular registration certificate;
; military notebook or documents;
; birth certificate;
. family book granted by the Civil Registry.
2. La Nationality is presumed on the basis of one of the following elements:
(a) the documents referred to in paragraph 1 of this article that have expired.
(b) Other documents other than those referred to in paragraph 1, issued by the official authorities of the requested Party, indicating the identity of the party concerned (driving guide, boarding note and similar).
(c) authorisation and expired residence documents.
(d) Statements of the person concerned, duly obtained by the administrative or judicial authorities of the requesting Party, supported by statements of witnesses in summary information.
(e) Statements of witnesses in summary information.
1. . When nationality is presumed on the basis of the elements referred to in article 2, paragraph 2, the consular authorities of the requested Party shall immediately and after the payment of the corresponding tariffs, a travel permit that permits the expulsion of the person concerned.
2. . In case of doubt on the elements that allow the presumption of nationality, or in the absence of such elements, the consular authorities of the requested Party shall, within three days, proceed to count on the request of the requesting Party to interview the person involved in the premises where it is located.
This interview shall be organized, as soon as possible, by the requesting Party, in accordance with the competent consular authority.
When, at the end of such interviews, it is established that the person concerned is a national of the requested Party, the travel document shall be immediately granted by the consular authority.
The transportation costs of persons whose readmission is requested are charged by the requesting Party to an international airport of the requested Party.
II. TRANSITE BY EXPULSION.
1. Cada Each Party, at the request of the other Party, shall authorize the entry into transit by air in its territory of nationals of third States which are subject to an expulsion adopted by the requesting Party.
2. La The requesting Party shall assume full responsibility for the continuation of the alien ' s travel to its country of destination, and shall be in charge of the alien until the expulsion is effected.
3. La The requesting Party shall guarantee the required Party that the alien whose transit is authorized is in possession of a passage to the destination country.
4. La The Party providing for the expulsion shall indicate to the requested Party, for the purpose of the transit, whether it is necessary to escort the person subject to the measure. For the purposes of transit, the requested Party may:
: decide to secure the escort herself:
. or decide to ensure such escort in collaboration with the Party providing for the expulsion.
5. . When transit takes place on board aircraft belonging to an airline of the Party that took the expulsion and under police escort, the latter may only be in charge of that Party, and may not leave the international transit zone of the airport of the requested Party.
6. . When transit takes place on board aircraft belonging to an airline of the Party required for transit and under police escort, the latter shall be insured by the Party which ordered the expulsion to reimburse the corresponding expenses.
The request for transit for expulsion shall be handled directly by the competent authorities of the Parties. It should mention the data relating to the identity and nationality of the alien, the date of travel, the time and place of arrival in the country of transit and the time and place of departure of the alien to the country of destination, as well as, if any, all information of usefulness to staff members escorting the alien.
The request for transit linked to an expulsion may be rejected:
de when the alien is at risk of being persecuted in the State of destination because of his race, religion, nationality, membership of a particular social group or by virtue of his political views;
. when the foreigner is at risk of being charged or sentenced to a criminal court in the State of destination for pre-transit events.
The costs of transportation to an international airport of the State of destination, as well as the costs associated with an eventual return, shall be borne by the requesting Party.
III. GENERAL AND FINAL PROVISIONS.
The two Parties shall be consulted when necessary to review the implementation of this Agreement.
The request for consultation will be submitted by diplomatic means.
Border control authorities will report:
s airports that can be used for the readmission and transit of aliens;
. the central or local authorities competent to consider requests for readmission and transit.
1. Las The provisions of this Agreement shall not affect the obligations of admission or reinstatement of aliens arising for the Parties of other international agreements.
2. Las The provisions of this Agreement shall not impede the implementation of the provisions of the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967.
3. Las The provisions of this Agreement shall not impede the implementation of the provisions of the Agreements signed by the Parties in the field of the protection of human rights.
1. Cada Each Party shall notify the other of compliance with the constitutional procedures required for the entry into force of this Agreement, which shall be effective thirty days after receipt of the last notification.
2. El The present agreement will last for three years, renewable for tacit conversion for periods of equal duration. It may be denounced with a three-month notice by diplomatic means.
In faith, the representatives of the Parties duly authorized to do so, then sign at the foot of this Agreement.
Made in Buenos Aires on February 1, 1995 in the Spanish and French languages and giving the two texts equally faith.