0.142.111.692

Exchange of Notes of 18 March 2010

Between Switzerland and the Republic of Belarus on the arrangements for convalescence of minors from the Republic of Belarus on the territory of the Swiss Confederation

Entered into force on 18 March 2010

(State on 18 March 2010)

Translation ¹

Federal Department of Foreign Affairs DFAE	Minsk, 18 March 2010
	Ministry of Foreign Affairs of the Republic of Belarus
	Minsk

The Federal Department of Foreign Affairs presents its compliments to the Ministry of Foreign Affairs of the Republic of Belarus and has the honour to acknowledge receipt of its note of 18 March 2010, the contents of which are as follows:

" The Ministry of Foreign Affairs of the Republic of Belarus presents its compliments to the Federal Department of Foreign Affairs and has the honour, in order of its Government, to inform it of the following:

The Government of the Republic of Belarus, aware of the effects of the Chernobyl disaster on the health of the population of the Republic of Belarus, in particular the minor nationals of the Republic of Belarus continuing to live in the The Swiss Federal Council, the Swiss non-governmental organisations and the host families propose to assist minor nationals of the Republic of Belarus to carry out Convalescence stays in Switzerland.

In the light of the above, the Ministry of Foreign Affairs of the Republic of Belarus has the honour to propose to the Federal Department for Foreign Affairs the conclusion of an agreement between the Government of the Republic of Belarus (hereinafter referred to as the By "the Belarusian Party" and the Swiss Federal Council (hereinafter referred to as "the Swiss Party") on the arrangements for convalescence of minors from the Republic of Belarus in the Swiss Confederation, the content of which will be Next:

1. The Belarusian side allows, in accordance with the legislation of the Republic of Belarus, the sending of minors (seven to eighteen years of age) from the Republic of Belarus (hereinafter referred to as "the children") in Switzerland through the channel Of Belarusian non-governmental organizations (hereinafter referred to as "host organizations") , for temporary convalescence periods covered by the contract concluded between the host organisations.

2. The Swiss part is prepared, in accordance with the Swiss legislation on admission and residence conditions, to allow children and their escorts to make a convalescence stay of up to 90 days per semester, under Reserve of the cases referred to in c. 7 of this Agreement.

3. The cost and cost of travel to Switzerland, travel and return, as well as the insurance and subsistence expenses of children and chaperones in Switzerland will be borne by the host organisations and families, in accordance with contractual commitments They have taken in respect of their Belarusian partner organisations (hereinafter referred to as "contractual obligations"). In accordance with its legislation and policy, the Swiss Confederation allows admission to its territory only to the extent that the conditions of entry into the territory and the special conditions of admission relating to the purposes Of the planned stay in Switzerland. The issuance of the necessary visas for children and accompanying persons is exempt from the fees normally charged by the authorities.

4. Temporary convalescence programmes for children in Switzerland are unrelated to international adoption procedures, which remain governed by the respective national laws of the parties.

5. The Belarusian side and the Swiss side note that the Belarusian authorities have appointed a guardian or guardian to ensure the guardianship or custody of all children orphaned or deprived of parental care entering Switzerland in the framework Temporary convalescence programmes, and these children cannot therefore be regarded as persons without legal or abandoned guardianship.

6. The Swiss Confederation:

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Take all necessary measures, in accordance with its national legislation and policy, to ensure the protection of the life and health of children during their temporary stay in the country;

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Ensures that the Swiss authorities take all measures in accordance with their legislation to ensure that children and their accompanying persons undertake the return journey at the end of their temporary stay, subject to c. 7;

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Inform the diplomatic representation of the Republic of Belarus in Switzerland of exceptional situations that could affect children or their children as quickly as possible, as soon as possible, itself or through the host organizations Accompanying persons during their stay in their territory;

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Confirms that Swiss law requires Swiss host organisations to comply with their contractual obligations with regard to the right living and feeding conditions of children and accompanying persons;

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Allow the authorities concerned and the accompanying persons, in accordance with its national legislation, to visit the children in their host families and in the collective institutions, subject to prior notice and subject to possible Visa requirement.

The Belarusian authority wishing to carry out a visit linked to an action taken on behalf of a foreign State in the Swiss national territory must first obtain the authorisation from the Swiss Confederation.

For the purposes of this Agreement, establishments hosting children's groups for temporary recuperation stays in the territory of the Swiss Confederation shall be considered as collective institutions.

In accordance with the law in force and the contractual obligations of the host organisations, the children will receive during their temporary convalescence in Switzerland, once the persons entitled to represent them have given their Agreement in writing and unless otherwise provided for in para. 2 of the c. 7, emergency medical assistance in the event of sudden onset of illness or condition threatening their life or health (including injury, poisoning or acute illness of a new nature or, in the case of a chronic illness, sudden deterioration The health status threatening the life of the child concerned).

If a child needs urgent medical care, medical assistance will be provided by decision of a medical board if the persons entitled to represent the child cannot be contacted; if this is not possible, the care will be Provided by the attending physician, with registration in the medical file and obligatory communication to the host organisation.

In accordance with its contractual obligations, the latter shall inform as soon as possible the escorts and persons entitled to represent the child, through the channels of the Belarusian organisations which have sent the child and Diplomatic or consular representations of the Republic of Belarus in the Swiss Confederation, the appearance of a disease or a condition threatening the life or health of the child and the emergency medical treatment in consequence thereof.

Emergency medical care will be provided to the child and the stay of the attendant in Switzerland guaranteed in accordance with contractual obligations for the duration of the medical treatment.

This period shall be fixed by the attending physician in accordance with his professional and ethical obligations, and shall extend at least until the time when the child concerned has become transportable.

Host organisations will request, in accordance with their contractual obligations, the necessary visa extensions or the regularisation of the extension of the stay of the persons concerned. The decision to extend is then the responsibility of the cantonal authorities.

The host organisations will, as appropriate, take the necessary measures to return the child to the Republic of Belarus as soon as possible.

8. The Belarusian side designates to coordinate the monitoring of the relations defined in this Agreement the Department of Humanitarian Activities of the Administration of the President of the Republic of Belarus.

The Swiss side refers to its side as coordinator of the Political Division of the Federal Department of Foreign Affairs.

9. If children are illegally detained in the territory of the Swiss Confederation, the Belarusian and Swiss parties will take all necessary measures to return them as soon as possible to the Republic of Belarus, in accordance with their Respective national laws and international treaties to which the Republic of Belarus and the Swiss Confederation are parties.

10. This Agreement is for an indefinite period. It may be denounced by either party for a period of twelve months by written notification transmitted through diplomatic channels.

11. This Agreement shall be drawn up in the Russian and German languages, both versions being equally authentic.

The Ministry of Foreign Affairs of the Republic of Belarus proposes, if the Swiss Federal Council accepts the proposal of the Government of the Republic of Belarus, that the present note and the response of the Swiss Federal Council signifying its approval Agreement between the Government of the Republic of Belarus and the Swiss Federal Council on the modalities of temporary convalescence of minors from the Republic of Belarus in the Swiss Confederation, with entry into force On the date of the reply.

The Ministry of Foreign Affairs of the Republic of Belarus takes this opportunity to renew to the Federal Department of Foreign Affairs the assurance of its high regard."

The Federal Department of Foreign Affairs has the honour to inform the Ministry of Foreign Affairs of the Republic of Belarus that the Swiss Federal Council declares its acceptance of the proposals of the Government of the Republic of Belarus. The note by the Ministry of Foreign Affairs of the Republic of Belarus and the response of the Federal Department of Foreign Affairs are valid as of 18 March 2010 between the two governments.

The Federal Department of Foreign Affairs also takes this opportunity to renew to the Ministry of Foreign Affairs of the Republic of Belarus the assurance of its high regard.

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RO 2010 1513