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RS 0.142.37 Agreement of 15 October 1946 on the issuance of a travel document to refugees within the jurisdiction of the Intergovernmental Committee for Refugees

Original Language Title: RS 0.142.37 Accord du 15 octobre 1946 concernant la délivrance d’un titre de voyage à des réfugiés relevant de la compétence du Comité intergouvernemental pour les réfugiés

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0.142.37

Original text

Agreement concerning the issuance of a travel document to refugees within the jurisdiction of the Intergovernmental Committee for Refugees

Conclu in London on 15 October 1946
Entered into force for Switzerland on 13 January 1947

The Contracting Governments,

Having considered a resolution adopted on 17 August 1944 by the Intergovernmental Committee for Refugees, meeting in plenary session, on the establishment of an identity and travel document for refugees within the scope of the Intergovernmental Committee on Refugees,

Considering the international measures previously taken in respect of travel documents for certain categories of refugees,

Convented of the need to take similar measures in favour of the refugees referred to in the above-mentioned resolution, in particular with a view to facilitating the movement of those refugees,

Considering that the preparation of the emigration of refugees who cannot be established in the countries of asylum constitutes an essential part of the work undertaken for the benefit of those refugees,

Have agreed as follows:

Art. 1

1. Subject to the provisions of s. 2 and 16, a travel document, in accordance with the provisions of s. 3, shall be issued by the Contracting Governments to refugees within the competence of the Intergovernmental Committee, provided, however, that such refugees are stateless or in fact enjoy the protection of any government, Stay regularly in the territory of the Contracting Government concerned, and are not admitted to the benefit of the provisions relating to the issue of a travel document contained in the arrangements of 5 July 1922, 31 May 1924, 12 May 1926, 30 June 1928, 30 July 1935, or in the Convention of 28 October 1933.

2. This title will be issued to refugees who request it for travel outside the country of residence.

Art. 2

As a transitional document, the document referred to in Article 1 may, if the Government concerned considers it appropriate, be issued to refugees who, otherwise complying with the other conditions laid down in this Agreement, do not stay regularly on the Of the Contracting Government concerned on the date of the implementation of this Agreement, if they are known within a period to be determined by the Government concerned and which shall not be less than three months.

Art. 3

1. The travel title covered by this Agreement shall be in accordance with the attached template (see Annex 1 ).

2. It shall be written in at least two languages: the French language and the national language (s) of the authority issuing the title.


1 This annex was not published in the RO.

Art. 4

Subject to the regulations of the country of issue, children may be mentioned in the travel document of an adult refugee.

Art. 5

The duty to be collected for the issuance of the travel document will not exceed the lowest rate applied to national passports.

Art. 6

Subject to special or exceptional cases, the title will be issued for as many countries as possible.

Art. 7

The duration of validity of the title shall be one year or two years, at the discretion of the issuing authority.

Art. 8

(1) The renewal or extension of the validity of the title shall be the responsibility of the authority which issued it, as long as the holder regularly resides in the territory of that authority. The establishment of a new title shall, under the same conditions, be the responsibility of the authority which issued the former title.

2. Diplomatic or consular representatives, specially authorised for this purpose, shall be entitled to extend, for a period not exceeding six months, the validity of the travel documents issued by their respective Governments.

Art.

Any Contracting Government shall recognize the validity of the titles issued in accordance with the provisions of this Agreement.

Art. 10

The competent authorities of the country in which the refugee wishes to surrender will, if they are willing to admit, be issued a visa on the title of which he is a holder.

Art. 11

The authorities of the territories to which this Agreement applies undertake to issue transit visas to refugees who have obtained the visa of the territory of final destination.

Art. 12

The fees for issuing exit, admission or transit visas will not exceed the lowest rate applied to foreign passport visas.

Art. 13

In the case of a changing refugee of residence and establishing himself regularly in a territory to which this Agreement applies, the issue of a new title shall now be the responsibility of the competent authority of that territory, to which the Refugee will have the right to apply.

Art. 14

The authority issuing a new title is required to withdraw the former title.

Art. 15

1. The travel document shall give the holder the right to leave the country of issue and to return, during the period of validity of that title, without a visa to the authorities of that country, subject only to the laws and regulations applicable to the holders Of properly targeted passports.

(2) The Contracting Governments shall reserve the right, in exceptional cases, to limit, at the time of issue of the said title, the period during which the refugee may return, that period shall not be less than three months.

Art. 16

1. Subject to the sole reservation of the stipulations of art. 15, these provisions shall in no way affect the laws and regulations governing, in the territories to which this Agreement applies, the conditions of admission, transit, residence, establishment and exit.

2. Nor shall they affect the special provisions relating to the beneficiaries of this Agreement in the territories to which it applies.

Art. 17

The grant of the title, no more than the particulars affixed thereto, neither determine nor affect the holder's status, in particular as regards nationality.

Art. 18

The grant of the title shall not give the holder any right to the protection of the diplomatic and consular representatives of the country of grant and shall not confer on those representatives a right of protection.

Art. 19

The travel documents which would have been issued to persons admitted for the benefit of the provisions of Articles 1 and 2, prior to the implementation of this Agreement, shall remain valid until the expiry of their validity.

Art.

In the event that the functions of the Intergovernmental Committee for Refugees are transferred to another international body, all provisions of this Agreement relating to the Intergovernmental Committee shall be deemed to apply to the Organism 1 .


1 For Switzerland, these functions are currently carried out by the Inter-Governmental Committee on European Migration (art. 1 Er Of the AF of 17 March 1954 concerning the maintenance of Switzerland's participation in the Intergovernmental Committee on European Migration-FF 1954 1512) and the Office of the United Nations High Commissioner for Refugees (art. 35 of the conv. Of 28 July 1951 concerning the status of refugees-RS 0.142.30 ).

Art.

This Agreement, of which the English and French texts are authentic, shall bear the date of that day and shall remain open, in London, for the signature of the Governments that are members of the Intergovernmental Committee, as well as those Governments that are not Members.

Art.

The Government of the United Kingdom of Great Britain and Northern Ireland is designated as the authority to notify any signature received, by specifying the date of receipt, to all the Governments that are members of the Intergovernmental Committee and to all Non-member governments that have signed this Agreement.

Art.

(1) This Agreement shall enter into force ninety days after it has been signed by six Governments.

(2) With respect to each of the Governments on whose behalf a signature will be subsequently filed, this Agreement shall enter into force ninety days after the date of that deposit.

Art. 24

(1) This Agreement may be denounced by any of the Contracting Governments after the expiration of one year from the date of its entry into force by written notification addressed to the Government of the United Kingdom of Great Britain and Northern Ireland, which shall inform all Governments referred to in Art. 22 of each notification, specifying the date of receipt.

(2) Denunciation shall take effect six months after the date on which it has been received by the Government of the United Kingdom.

Art. 25 Scope of the Agreement 1 Er January 1977 Extension of the territorial application of the Agreement

(1) Any Contracting Government may at any time after the entry into force of this Agreement in accordance with Art. 23, declare in writing to the Government of the United Kingdom that the Agreement applies to all or part of its colonies, overseas territories, protectorates, territories under mandate or guardianship, and the Agreement shall apply, on the date of that declaration, to the Territory or territory to which it relates.

2. The participation of any territory to which the Agreement will be applied under the previous paragraph may terminate by written notification addressed to the Government of the United Kingdom, and the Agreement shall cease to be applicable to the territory or territories Of the notification six months after the date of receipt of such notification.

The Government of the United Kingdom shall inform the Governments referred to in Art. 22 of all returns received pursuant to s. 1 of this Article and of any notifications received pursuant to s. 2, as well as the date on which such declarations or notifications will enter into force.

In witness whereof, The undersigned have signed, on behalf of their respective Governments, their signature to this Agreement.

Done at London, on 15 October mil nine hundred and forty-six, in English and in French, in a single copy, which shall be deposited in the archives of the Government of the United Kingdom of Great Britain and Northern Ireland, including certified true copies thereof Shall be provided to all Governments referred to in Art. 22.

(Suivent signatures)

Scope of the Agreement 1 Er January 1977

States Parties

Ratification Accession (A) Confirmation (C)

Entry into force

South Africa

8 March

1948

6 June

1948

Rep. Fed. From Germany *

21 March

1951

19 June

1951

Belgium

**

13 January

1947

Brazil

6 May

1952 A

August 4

1952

Chile

**

13 January

1947

China, Taiwan

23 February

1948

23 May

1948

Denmark

30 November

1950

28 February

1951

Dominican Republic

**

13 January

1947

France

**

13 January

1947

Grande-Patd***

**

13 January

1947

Greece

**

13 January

1947

India

8 November

1946

February 6

1947

Italy

1 Er October

1947

December 30

1947

Liberia

August 16

1950

14 November

1950

Luxembourg

**

13 January

1947

Norway

July 6

1949

4 October

1949

Pakistan

13 January

1949 C

August 15

1947

Netherlands

**

13 January

1947

Sweden

**

13 January

1947

Switzerland

**

13 January

1947

Venezuela

**

13 January

1947

*

The acciord is also applicable to the Land of Berlin.

**

Signature without reservation of ratification (art. 23 al. 1).

***

Extension of the territorial application, see below.


Extension of the territorial application of the Agreement

Great Britain

On 28 February 1948, the territorial application of the Agreement was extended to the following territories:

Bahamas

Gambia

Seychelles

Bermuda

Kenya

Tanganyika

British Guiana

Nyasaland

Trinidad

British Honduras

Sarawak

Uganda

Although not part of the agreement, the following states and territories have declared the recognition of the travel documents issued pursuant to the agreement:

Australia

Haiti

New Zealand

Barbados

Honduras

Pacific West

Canada

Ireland

Portugal

Ceylon

Lebanon

Ste-Hélène

Falkland Islands

Liechtenstein

Sierra Leone

Fiji Islands

Malay Federation

Singapore

Gibraltar

Malta

Suble-Vent Islands

Guatemala

Nigeria

Zanzibar


Status March 5, 2003