Rs 0.142.111.399 February 6, 2013 Migration Cooperation Agreement Between The Swiss Federal Council And The Executive Of The Republic Of Angola (With Annex)

Original Language Title: RS 0.142.111.399 Accord de coopération du 6 février 2013 en matière de migration entre le Conseil fédéral suisse et l’exécutif de la République d’Angola (avec annexe)

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0.142.111.399 original migration between the federal Council Swiss cooperation agreement and the Executive of the Republic of Angola concluded February 6, 2013 entered into force by Exchange of notes on 9 April 2015 (status April 9, 2015) preamble the federal Council Swiss and the Executive of the Republic of Angola, hereinafter referred to as "the Parties";
Recognizing the importance of cooperation and mutual support in the area of the migration, particularly irregular migration;
Emphasizing the importance of the Universal Declaration of the rights of man, in particular art. 2 and art. 12 of the civil and political rights International Covenant;
Recognizing the need to harmonize their policies to combat irregular migration and to conduct in common shares to cope;
determined to participate actively in the partnership between the countries of origin, transit and destination of migration between Africa and Europe, arising from the first used Conference on migration and development held in Rabat in July 2006;
considering the good relations of bilateral cooperation, in the spirit of solidarity and in keeping with the principles and objectives of the Charter of the United Nations;
agreed to the following: RS 0.103.2 RS 0.120 Chapter 1 General provisions art. 1 purpose this agreement has as objective the management of issues related to the migration in accordance with the provisions of this agreement.

Art. 2 application this agreement applies to nationals of the Parties who are staying irregularly on the territory of the other party.

Chapter 2 of co-operation art. 3 cooperation in the fight against irregular migration, trafficking in persons, trafficking in human beings human the Parties undertake, within the limits of their legislation, to lend mutual assistance in what concerns: a) the mutual exchange of information between competent authorities on irregular migration, trafficking in human beings humans as well as on organized crime linked to migration; b) technical assistance in the fight against irregular migration; c) the Organization of training courses for consular staff and immigration services officers, especially in the specific area of the detection of fake documents; d) cooperation concerning controls at borders; e) technical expertise to ensure the best security of national identity documents; f) the achievement of awareness campaigns on the risks of irregular migration and trafficking in the progress of sustainable development.

Art. 4 international co-operation 1. The Parties undertake to respect the Conventions on human rights to which they have subscribed.
2. for the implementation of the present agreement the Parties undertake to collaborate in particular with the Organization of migration (IOM) and the Office of the High Commissioner United Nations (UNHCR).
3. this agreement does not affect the obligations of the Parties arising from the international Conventions to which parts are joined, including: a) of the Convention of 28 July 1951 relating to the status of refugees, amended by the Protocol of 31 January 1967 relating to the status of refugees; b) international treaties concerning extradition, transit and readmission; c) of all other Conventions and international agreements on refugees or asylum.

RS 0.142.30 RS 0.142.301 Chapter 3 voluntary return to the country of origin art. 5 voluntary return 1. The Parties undertake, within the limits of their legislation, to encourage the return of their nationals who have decided to return voluntarily to their country, by the definition and implementation of a voluntary return program and attended. The host country grant assistance to facilitate the reintegration of these people to their country of origin in accordance with its national legislation in force, is concretely: a) take in charge return fees of the registrant in the voluntary and assisted return program, related to its transport to the country of origin; b) provide financial assistance for relocation; c) provide personal support ((, targeted and specific to the development and the realization of an individual project to a professional and/or social reintegration easier in the country of origin; d) provide assistance to return for reason medical need, and on arrival in the country of origin; e) manage the dissemination of information relating to the voluntary and assisted return program, and provide institutional support when the management is entrusted to a third party.

2. the Parties regularly inquiring the development, production and the results of the measures taken under the previous paragraph.

Art. 6 structural aid the Parties undertake, within the limits of their legislation, to lend assistance for the definition and implementation of structural assistance projects with the following aims: a) contribute to the skills of the part where the person in the management of migration, for example through training in the areas deemed to be appropriate and of interest returns; b) reduce disparities between people repatriated to their country of origin and those who remained on site, also allowing the latter to benefit from support and development of local infrastructure projects.

Art. 7 access to infrastructure and programs. the Parties, within the limits of their laws, undertake to make it easier for nationals of the other party access to infrastructure and programs put in place, as well as the measures taken in the field of integration in the host society.

Chapter 4 the readmission of persons art. 8 readmission of persons the Parties to force each other to facilitate the return of their nationals. As such: a) the requested Party readmit its territory at the request of the other, any person staying in its territory and who does not or has ceased to have the right to enter, to stay or to reside there, when it is demonstrated or presumed, in accordance with art. 1 or art. 2 of the annex of the present agreement, or by the procedure of identification referred to in art. 3 of this annex, that the person concerned is a national of the requested Party; b) the process of identification and repatriation of persons referred to in art. 2 and 3 of the annex to the present agreement must be coordinated by the requesting party with the representative of the requested Party, which may be the diplomatic or consular representation or any other competent authority.

Chapter 5 the protection of personal data article 9 contents of personal data information on the personal data of nationals of the Parties subject to readmission, concern exclusively: a) the data concerning the person to readmit or admit in transit and possibly those of the members of his family (names, first names, if any, previous names, nicknames or pseudonyms, date and place of birth, sex, nationality); b) identity card ((((, the passport or other identity or travel documents; c) other data necessary for the identification of the person to readmit or admit in transit, including his fingerprints; d) places to stay and itineraries; e) residence permits or visas granted abroad; f) data on the health of the person concerned if this is in its interest.

Art. 10 use of personal data the personal data transmitted pursuant to this agreement are processed and protected in accordance with the legislation on the protection of the data in force in each of the Parties and the provisions of international conventions applicable to which both Parties are related.
As such:

((a) the requested party uses the personal data only for the purposes provided for in this agreement; b) each of the Parties informed, at his request, the other party on the use of the communicated personal data; c) communicated personal data may be processed by the authorities for the execution of the agreement. Personal data may be transmitted to other authorities of the State or to other people only with the written consent of the party who had provided them; d) the requesting Party shall ensure the accuracy of the data to be transmitted as well as the need and appropriateness to the purpose of the communication. In doing so, taken into account bans of transmission in force according to the national in question; e right there) if it turns out that inaccurate data have been transmitted or that the transmission is undue, the recipient must be notified immediately. (It is required to proceed to the rectification or destruction of data; f) at his request, the person concerned will be populated on data existing on his subject and the intended use, under the conditions defined by the national law of the part taken by the person concerned; g) the transmitted personal data will be kept only as long that is required by the purpose in which they were communicated. Control the processing and use of these data is provided in accordance with the national law of each of the Parties; h) both Parties are required to protect personal data against unauthorized access, the abusive changes and unauthorized communication. In all cases, the transmitted data have at least a level of protection equivalent to that enjoyed by the data the same nature in the legislation of the requesting party.

Chapter 6 monitoring and enforcement of the agreement art. 11 competent authorities 1. For the purposes of this agreement, the competent authorities are the following: a) to the Swiss Confederation: the federal Department of justice and police and the federal Department of Foreign Affairs; b) for the Republic of Angola: the Ministry of external relations and the Ministry of the Interior.

2. the Parties may at any time designate another competent authority and notify the other party through diplomatic channels.
3. without prejudice to the evaluation and follow-up of bilateral cooperation mechanisms provided in art. 5, by. 2, 12 and 13 of this agreement, the competent authorities referred to in this article meet at the request of one of the Parties to assess the level of implementation of this agreement.

Art. 12 expert meetings each party may request the convening of a meeting of experts composed of representatives of the Parties through diplomatic channels, to discuss specific issues.

Art. 13 exchange of information the competent authorities of the two Parties exchange any useful information on the implementation and application of this agreement.

Art. 14 regulation of the different all dispute concerning the interpretation, application or implementation of this agreement is settled by direct negotiation or through diplomatic channels.

Art. 15 identification and financing of the projects programs, projects or activities implemented under this agreement are developed and funded on a bilateral basis between the Parties or through multilateral actions.

Chapter 7 final provisions art. 16 acquired rights 1. The application of repatriation measures set out in this agreement changes no acquired right previously in accordance with the national legislation of the Parties.
2. the repatriation carried out pursuant to this agreement does not affect the right of individuals who wish to return on the territory of the requesting party, when the required entry conditions are in accordance with the national legislation of.

Art. 17 procedure and the procedure guarantees and guarantees for the readmission of persons are described in the annex, which is an integral part of the agreement.

Art. 18 amendment this agreement may be amended agreement between the Parties. Each Party shall notify the other the completion of its internal procedures for the approval of the amendments. These come into effect thirty (30) days after the date of receipt of the last notification.

Art. 19 suspension each party may, after informing the other party, suspend the application of this agreement for reasons of public order, national security or public health. The measure of suspension of the agreement, as well as its lifting to take effect at the time of receipt by the other party of a notice through diplomatic channels.

Art. 20 duration and termination this agreement is concluded for a period of five (5) years, automatically renewable for the same period if no party informs the other, through diplomatic channels at least ninety (90) days before the date of termination of this agreement, of its intention to terminate it.

Art. 21 entry into force this agreement comes into force thirty (30) days following the date on which the Parties notify each other the accomplishment of the internal procedures required.
In faith, the undersigned representatives sign this agreement.
Made in Luanda, February 6, 2013, in two (2) original copies in Portuguese and French languages, each text being equally authentic.

To the Swiss federal Council: Simonetta Sommaruga to the Executive of the Republic of Angola: Angelo Barros Veiga Tavares annex of the procedure and guarantees for the readmission of persons art. 1-1. Under art. 8 of the agreement, each party readmit its nationals when their nationality is demonstrated by means of a passport that is valid or of any other travel or valid identity document established or recognized by the competent authorities.
2. the repatriation procedures are carried out without issuance of a document of trip if the person in question has a passport or other valid travel document valid and recognized by the competent authorities of the requested Party.
3. in accordance with the provisions of the by. 1 and 2, the Parties exchange within thirty (30) days of the signing of the agreement a list of these documents, as well as specimens of these.

Art. 2-1. When nationality cannot be demonstrated, it can be presumed by means including: a) of a certificate of nationality duly established in favour of the person; b) of a national passport; c) of identification documents, including temporary or interim documents; d) of official documents in which is indicated the nationality of the person; e) of any documents recognized by the requested party to determine the identity of the person; f) the results of fingerprint comparisons; g) results of a (linguistic analysis; h) statements made by the person concerned; i) of any item accepted by the requested Party.

2. the documents listed in the by. 1, let. (a) to e), constitute a presumption of nationality, even if their period of validity has expired or if they are in the form of photocopy.

Art. 3. where it is not possible to obtain the necessary documents or other evidence to demonstrate the nationality of a person, but as elements referred to in art. 2 allow her to assume, an identification procedure is necessary. In this case, the authorities of the requesting party seek the cooperation of the diplomatic and consular officers or any other competent authority of the requested party to check the nationality of this person. For this reason: has) a consular officer conducts the hearing of the person concerned as best as possible, no later than thirty (30) working days after receipt of the requete.b) if necessary, the competent authorities of the Parties agree to the arrival in the requesting Party of a delegation of the requested party to conduct interviews. Inherent in this shift travel and living expenses are the responsibility of the requesting party; c) where is confirmed the nationality of the person, the requested Party shall - within the thirty (30) days following receipt of request - a travel document valid for ninety (90) days; d) where more checks are needed to determine the nationality of a person who has already been interviewed , they (the checks) must be made within one - hundred twenty (120) days from the date of the hearing. If no answer is given in those hundred - twenty (120) days, the nationality of the person is regarded as established; e) in the case where the return of the person not been made possible within the period of validity of the established travel document, the requested Party shall, on request, a new travel document.

Art. 4. expenses related to the repatriation of a national of the requested Party are the responsibility of the requesting party.

Art. 5


1. when a person decided, or is obliged to leave the host country, priority is given to voluntary return. The assistance provided for in such a case is described in art. 5, by. 1, of the agreement. It is granted in accordance with the national legislation of the country of stay in force.
2. However, within the limits of the legislation in force, no person is repatriated destitute of all means.
3. If a person to be repatriated, the requesting party facilitates the transfer of legally acquired assets.

Art. 6-1. Secure flights can be arranged for the return of people who cannot be repatriated on commercial flights.
2. the terms of these flights mentioned in the by. 1 are fixed by mutual agreement by which the requesting party: a) shall submit to the competent authority of the requested Party of his intention to organize a secure to a date to be determined; flight b) confirms this intention through diplomatic channels, no later than fifteen (15) days before the date scheduled; c) provided all relevant information and including a list of people to be repatriated previously identified by the Parties no later than fifteen (15) days before the date of the flight (, by diplomatic channels; d) prevents the diplomatic representations and / or posts consular diplomatic of the Organization of the flight secure no later than fifteen (15) days before the scheduled date of the flight.

3. the competent authority of the requested Party shall notify its response to the requesting party, through diplomatic channels, no later than ten (10) working days before the scheduled date of the flight.

Art. 7. If at the time or after arriving in the territory of the requested Party documentaries and objective evidence that the person is not a national of the requested Party, the requesting party readmit that person promptly, his dependants, on its territory.

RO 2015 1053 State on April 9, 2015

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