(1) At the request of the other Contracting Party, each Contracting Party shall readmit on its territory without any formalities other than those provided for in this Agreement any person who does not meet or no longer fulfils the requirements to enter Or stay in the territory of the requesting Contracting Party, if it is established or reasonably presumed to have the nationality of the requested Contracting Party.

(2) The requesting Contracting Party shall, under the same conditions, readmit any person referred to in para. 1 if subsequent controls show that it did not have the nationality of the Contracting Party required at the time of leaving the territory of the requesting Contracting Party.

1. If one can reasonably assume that the person subject to readmission has the nationality of the other Contracting Party, a diplomatic representation or a consular office of the requested Contracting Party shall post immediately after Examination, a travel document to that person, if this document is necessary for re-admission.

2. In case of doubt as to the credibility of the nationality of the person to be readmitted, a diplomatic representation or a consular office of the requested Contracting Party shall, at the request of the other Contracting Party and in the three Working days following the filing of the said application, all measures necessary for the determination of the nationality of the person concerned, in particular by means of a hearing or by carrying out checks in the relevant registers. If, at the end of these proceedings, the nationality is confirmed, the diplomatic representation or the consular office shall immediately issue a travel document.

(1) At the request of the other Contracting Party, each Contracting Party shall readmit within its territory, without any formalities other than those provided for in this Agreement, any national of a third State or any stateless person who does not Fulfils the requirements for entering or staying in the territory of the requesting Contracting Party if that person holds a valid visa or residence permit, irrespective of its nature, issued by the Contracting Party Required.

(2) At the request of the other Contracting Party, each Contracting Party shall readmit within its territory, without any formalities other than those provided for in this Agreement, any national of a third State or any stateless person who does not Fulfils the conditions required to enter or remain in the territory of the requesting Contracting Party if it is proved or can reasonably be presumed that that person entered directly by means of public transport (by Aeroplane, car or railway) in the territory of the requesting Contracting Party after entry, Have stayed or transited through the territory of the requested Contracting Party.

(3) At the request of the other Contracting Party, each Contracting Party shall readmit within its territory, without any formalities other than those provided for in this Agreement, any national of a third State or any stateless person who does not Meets the requirements for entering or staying in the territory of the requesting Contracting Party if it is proved or may reasonably be presumed that that person, in the six months preceding the filing of the request, has Leave the territory of the requested Contracting Party during a regular stay of at least six days.

The readmission obligation within the meaning of Art. 3 does not apply:

(a)

To a national of a third State or to a stateless person to whom the requesting Contracting Party has issued a visa other than a transit, airport or residence permit of any kind, unless the requested Contracting Party has Issued a longer-term visa or residence permit;

(b)

To a national of a third State or to a stateless person who has a right of residence in the territory of any State with which the requesting Contracting Party has a common border;

(c)

To a national of a third State or to a stateless person who has spent more than one year in the territory of the requesting Contracting Party, unless he is the holder of a valid residence permit of any kind, issued by Contracting Party required;

(d)

To a national of a third State or to a stateless person to which the requesting Contracting Party has recognised refugee status in accordance with the Convention relating to the Status of Refugees concluded at Geneva on 28 July 1951, as amended by the Protocol Of New York concerning the status of refugees of 31 January 1967, or the status of stateless persons in accordance with the Convention relating to the Status of Stateless Persons ¹ Concluded in New York on 28 September 1954;

(e)

To a national of a third country or to a stateless person who has been returned by the requested Contracting Party in his or her country of origin or in a third country, unless he has entered the territory of the requesting Contracting Party after being re-appointed Entered, have stayed or transited in the territory of the required Contracting Party after the execution of the removal order.

The requesting Contracting Party shall readmit on its territory, without any formalities other than those provided for in this Agreement, any person referred to in Art. 3 where subsequent controls reveal that the person does not meet the conditions set out in s. 3 at the time of its exit from the territory of the requesting Contracting Party.

(1) Each Contracting Party shall, at the request of the other Contracting Party, authorize the transit through its territory of any national of a third State or of any stateless person who is the subject of a decision to refer or refuse entry by the Party Applicant, provided that the requesting Contracting Party can guarantee the admission of that person in the country of destination or in any other country of transit.

2. The requesting Contracting Party shall guarantee the requested Contracting Party that any person admitted in transit holds a valid travel document and travel document for the country of destination. The requesting Contracting Party shall take full responsibility for the continuation of the journey of a national of a third State or stateless person to his or her country of destination or to any other country of transit and undertakes to resume that person if, For any reason, the return or denial of entry cannot be performed.

The transit for removal or transit following a refusal of entry may be denied in the following cases:

(a)

Where a national of a non-member State or a stateless person, in the country of destination or in another country of transit, is subjected to persecution on the grounds of race, religion, nationality, membership in a particular social group or Political opinions, or

(b)

Where a national of a third country or a stateless person may, in the country of destination or in another country of transit or in the territory of the requested Contracting Party, be the subject of a criminal procedure or a conviction. Any initiated criminal procedure or award in the territory of the requested Contracting Party shall be notified in writing before the transit by that Party to the requesting Contracting Party.

The requesting Contracting Party shall inform the requested Contracting Party of the requirement to provide an escort to the person subject to transit. The requested Contracting Party shall itself provide the escort or may authorize the requesting Contracting Party to provide the escort in the territory of the requested Contracting Party.

(1) If the transit is carried out under escort, the escort officers of the requesting Contracting Party shall be in possession of a passport, a service identification card and a transit authorization in the course of carrying out their duties. The competent authority of the requested Contracting Party.

2. During the escort of the person subject to transit, the escort officers of the requesting Contracting Party shall carry out their duties in civil. If travel security is necessary due to the behaviour of the person subject to transit, they are authorized to use plastic handcuffs.

During transit, escort agents shall supervise the national of a third State or stateless person and shall ensure that the person is on board the aeroplane. They shall receive the assistance of the competent authorities of the requested Contracting Party and shall follow the instructions of that Contracting Party.

4. In the event of necessity, the requested Contracting Party may provide for the supervision and boarding of the national of a third State or of stateless persons.

5. The requesting Contracting Party shall take all necessary measures to ensure that the transit of the national of a third State or stateless person is carried out as quickly as possible at the airport of the requested Contracting Party.

If the person subject to transit is denied boarding, or if boarding is not possible, the requesting Contracting Party will take over the person immediately, but no later than 24 hours after arriving at the airport.

If the competent authorities of the requested Contracting Party participate in the transit operation, they shall inform the competent authorities of the requesting Contracting Party of any particular incidents that have occurred during transit.

1. Personal data communicated in the context of the application of this Agreement shall relate only to the following:

(a)

Personal data of the person subject to readmission or admitted in transit and, if necessary, members of his family (surname, first name, any other previous name, surnames or pseudonyms, alias, date and place of birth, sex, nationality Current and any previous nationality);

(b)

Passport, identity card or any other identity or travel document;

(c)

Other data necessary for the identification of the person subject to readmission or transit (including photographs, fingerprints);

(d)

Places of stay and routes;

(e)

Residence permits or visas issued.

2. Personal data shall be processed by each Contracting Party in accordance with their respective national laws, in accordance with the rights of the persons concerned and in accordance with the conditions set out in paras. 3 to 7.

3. Personal data may be processed only by the competent authorities for the purposes of this Agreement and only in the aims set out in this Agreement. The Contracting Party which communicates the data shall ensure that they are accurate, necessary and do not exceed the grounds on which they are communicated. If it is found that the data are inaccurate or that they have been the subject of an illegal communication, the recipient must be notified immediately and must correct or destroy the data.

4. Personal data shall be communicated only to the competent authority or to the competent authority for the performance of the tasks specified in this Agreement. Personal data may be transmitted to any other authority or service only with the written consent of the competent authority which communicates. The personal data communicated shall be kept for as long as it is required for the purpose in which it has been communicated.

5. Each Contracting Party shall inform the other Contracting Party, at its request, of the use which is made of the data and the results obtained.

6. Each Contracting Party shall document the communication of personal data.

7. Each Contracting Party shall be required to effectively protect personal data transmitted against unauthorized access, unauthorized alteration and unauthorized disclosure.

1. The costs of transport to the border of the requested Contracting Party of any person subject to readmission in accordance with Art. 1, 3 and 5 and, if necessary, the costs of a possible return shall be borne by the requesting Contracting Party.

2. Transit costs within the meaning of Art. 6 and 10 to a State of destination and, if necessary, the cost of a return shall be borne by the requesting Contracting Party.

The principles relating to the implementation of this Agreement shall be contained in the Protocol of Implementation, which shall form an integral part of this Agreement and shall deal in particular with the following:

(a)

Competent authorities for the application of this Agreement;

(b)

Readmission and transit application forms;

(c)

Provisions relating to the assumption of costs;

(d)

Arrangements for the transmission of readmission or transit requests;

(e)

Documents and information certifying or assuming the nationality or entry, residence or transit through the territory of the requested Contracting Party;

(f)

Identification of border crossing points and border controls for the readmission and transit of persons;

(g)

Delays in the processing and execution of readmission or transit requests;

2. All changes relating to the competent authorities or border crossing and control points shall be communicated without delay by diplomatic means to the competent authority of the other Contracting Party.

This Agreement shall not affect the obligations of Contracting Parties arising from:

(a)

The Convention on the Status of Refugees concluded in Geneva on 28 July 1951 as amended by the New York Protocol on the Status of Refugees of 31 January 1967;

(b)

Agreements entered into by the Contracting Parties in the field of the protection of human rights;

(c)

International treaties on extradition;

(d)

Other specific international agreements.

The application of the provisions of this Agreement shall be provided by a competent authority referred to in Art. 14, para. 1, let. A, in accordance with its national law.

The competent authorities of the Contracting Parties shall cooperate and consult each other for the implementation of this Agreement.

(2) Each Contracting Party may request the convening of a meeting of experts of both Contracting Parties for the resolution of any questions and disputes relating to the interpretation or application of this Agreement.

3. In the event of disagreement, any dispute shall be resolved by the Contracting Parties through diplomatic channels.

This Agreement shall also apply to the Principality of Liechtenstein and to nationals of the Principality of Liechtenstein.

After the entry into force of this Agreement, s. 7-9 and 14 of the Agreement between the Swiss Federal Council and the Government of the Republic of Poland ¹ Concluded in Bern on 2 September 1991 on the reciprocal abolition of the visa requirement will no longer be in force.

This Agreement shall be submitted for approval in accordance with the national law in force in each Contracting Party. Approval shall be communicated by diplomatic notes. This Agreement shall enter into force thirty days from the date of receipt of the last notification.

(2) Each Contracting Party may temporarily suspend the application of this Agreement in whole or in part, other than s. 1, for reasons of national security, protection of public order or public health, by notification addressed to the other Contracting Party. Such suspension shall enter into force two days from the date of receipt of the notification. Each Contracting Party shall promptly notify the other Party of the grounds for such suspension.

3. This Agreement shall be concluded for an indefinite period. Each Contracting Party may denounce this Agreement at any time by notification to the other Contracting Party. Denunciation shall take effect sixty days from the date of receipt of the notification.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Agreement.

Done at Warsaw, on 19 September 2005, in two originals in the German, Polish and English languages, all texts being equally authentic. The English version shall prevail in the event of a dispute in the interpretation of this Agreement.

1. Any readmission application must contain:

(a)

Personal data relating to the person to be readmitted,

(b)

The elements relating to the documents referred to in s. 2 of this Protocol concerning the person to be readmitted.

2. A readmission application form is given in Annex I to this Protocol. All sections of the form must be either completed or blocked.

3. Any readmission application shall be transmitted directly to the competent authority by means of secure communication, in particular by fax.

The requested Contracting Party shall respond to the readmission application as soon as possible, no later than two working days from the date of receipt of the application. In the case of s. 2, para. 2 of the Agreement, this period may be extended by four working days.

5. The transfer of the person shall not take place until the requested Contracting Party has accepted the readmission application and has not notified it in writing to the requesting Contracting Party. The validity of the acceptance of readmission shall be thirty days. This may be extended by agreement between the Contracting Parties.

6. The requesting Contracting Party shall communicate to the requested Contracting Party the date of arrival of the person concerned by the readmission application, at the latest three days in advance.

7. If the person subject to the readmission application is in possession of forged or falsified documents of the requested Contracting Party, such documents shall be transmitted by the requesting Contracting Party when the readmission has been Accepted.

8. If the person to be readmitted requires medical care, the requesting Contracting Party shall also provide, if this is in the interest of the person concerned, information on the need for special, medical or other treatment of a Accompaniment or ambulance transport.

9. If the requested Contracting Party rejects the application for readmission due to non-compliance with the conditions set out in Art. 1 of the Agreement, it shall inform the requesting Contracting Party in writing of the grounds on which its decision is based.

The nationality of a person to be readmitted may be proved by means of the following valid documents:

(a)

For the Republic of Poland:

-

Passport of all types,

-

Identity card,

-

Citizenship certificate;

(b)

For the Swiss Confederation:

-

Passport of all types,

-

Identity card,

-

Family record showing a place of origin in Switzerland.

2. Upon entry into force of the Agreement, the competent authorities of the Contracting Parties shall transmit the models of the documents attesting the nationality to each other.

The nationality of a person to be readmitted may be reasonably presumed by means of the following documents:

(a)

Any document listed in para. 1 whose validity has expired;

(b)

Document issued by the authorities of the requested Contracting Party by which the identity can be established (in particular: driver's licence, marine booklet, military service record, service identification card);

(c)

Information from the registers of the civil status of the requested Contracting Party;

(d)

Copy of any of the documents listed above and in para. 1;

(e)

The official record of the person's statements to be readmitted;

(f)

Official record of witness statements;

(g)

Expertise on the comparison of fingerprints recorded in the fingerprint files of Contracting Parties;

(h)

Linguistic expertise on the language of the person concerned;

(i)

Any other document acceptable to the requested Contracting Party.

1. Any readmission application must contain:

(a)

Personal data and, where appropriate, the nationality of the person to be readmitted;

(b)

The elements relating to the documents referred to in s. 4 of this Protocol concerning the person to be readmitted.

2. A readmission application form is given in Annex I to this Protocol. All sections of the form must be either completed or blocked.

3. Any readmission application shall be transmitted directly to the competent authority by means of secure communication, in particular by fax.

4. The requested Contracting Party shall respond to the readmission application as soon as possible, no later than eight working days from the date of receipt of the application.

5. The transfer of the person shall not take place until the requested Contracting Party has accepted the readmission application and has not notified it in writing to the requesting Contracting Party. The validity of the acceptance of readmission shall be thirty days. This may be extended by agreement between the Contracting Parties.

6. The requesting Contracting Party shall communicate to the requested Contracting Party the date of arrival of the person concerned by the readmission application, at the latest three days in advance.

7. If the person subject to the readmission application is in possession of forged or falsified documents of the requested Contracting Party, such documents shall be transmitted by the requesting Contracting Party when the readmission has been Accepted.

8. If the person to be readmitted requires medical care, the requesting Contracting Party shall also provide, if this is in the interest of the person concerned, information on the need for special, medical or other treatment of a Accompaniment or ambulance transport.

9. If the requested Contracting Party rejects the application for readmission due to non-compliance with the conditions set out in Art. 3 of the Agreement or because of s. 4 of the Agreement, it shall inform the requesting Contracting Party in writing of the grounds on which its decision is based.

1. The entry or residence of a national of a third State or of a stateless person in the territory of the requested Party may be proved by one of the following:

(a)

Wet stamp of entry or exit or equivalent remark affixed by a competent authority of the Contracting Party required in travel or identity documents, authentic, false or falsified;

(b)

Any valid document confirming an authorized stay in the territory of the requested Contracting Party;

(c)

Any document confirming an authorized stay in the territory of the requested Contracting Party having expired less than six months before the date of submission of the readmission application;

(d)

Any valid visa authorizing the stay in the territory of the requested Contracting Party;

(e)

Any valid visa authorising the stay in the territory of the requested Contracting Party having expired less than six months before the date of submission of the readmission application;

(f)

A valid travel document issued by the requested Contracting Party less than six months before the date of submission of the readmission application;

(g)

Valid document on the basis of which the identity of the person concerned can be established (in particular driver's licence, seafarer's book, service identification card) issued by the authorities of the Contracting Party required less than six months before the Date of submission of the readmission application.

2. The entry or residence of a national of a third State or of a stateless person in the territory of the requested Contracting Party may be reasonably assumed by one of the following documents and information:

(a)

Any document listed in para. 1, let. C and e, whose validity has expired more than six months before the date of submission of the readmission application;

(b)

Any valid documents listed in para. 1, let. F and g, established more than six months before the date of submission of the readmission application;

(c)

Any document referred to in para. 1, let. F and g, whose validity has expired, regardless of its date of issue;

(d)

Information from the registers of the civil status of the requested Contracting Party;

(e)

Copy of any of the documents listed above or in para. 1;

(f)

The official record of the person's statements to be readmitted;

(g)

Official record of witness statements;

(h)

Transportation titles;

(i)

Foreign currency exchange transaction receipts;

(j)

Maps showing access to public places;

(k)

Hotel bills;

(l)

Expertise on the comparison of fingerprints recorded in the fingerprint files of Contracting Parties;

(m)

Any other document acceptable to the requested Contracting Party.

1. Any request for transit shall contain:

(a)

Personal data and, where applicable, citizenship of the person subject to transit;

(b)

Elements relating to the travel document of the person subject to transit;

(c)

Date of travel, flight number, time and place of arrival in the territory of the requested Contracting Party, time and place of the flight from the territory of the requested Contracting Party, country and place of destination or any other country of transit;

(d)

Information on the consent of the country of destination or of any other country of transit for the admission of the person concerned;

(e)

If the transit is carried out under escort, information on escort agents (personal data, function, travel document, service identification card).

2. A transit request form is included in Annex II to this Protocol. All sections of the form must be completed or blocked.

(3) Any request for transit shall be transmitted directly to the competent authority on working days at least forty-eight hours before the transit, or, if the transit takes place on a Saturday, Sunday or holiday, at least seventy-two hours at least Advance, by means of secure communication, in particular by fax. If the escort is provided by the requested Contracting Party, the request shall be transmitted at least six hours in advance.

4. The requested Contracting Party shall respond to the request for transit as quickly as possible, no later than 24 hours on working days, or within 48 hours if the request is submitted on a Saturday, Sunday or day As of the date of receipt of the application.

(5) The transit of the person shall not take place until the requested Contracting Party has accepted the application for transit and has not notified it in writing to the requesting Contracting Party. The validity of the transit acceptance shall be thirty days. This may be extended by agreement between the Contracting Parties.

6. If the person subject to transit requires medical care, the requesting Contracting Party shall also provide, if this is in the interest of the person concerned, information on the need for special, medical or other treatment of a Accompaniment or ambulance transport.

7. If the requested Contracting Party rejects the request for transit because of the non-compliance with the conditions set out in Art. 6 of the Agreement or because of s. 7 of the Agreement, it shall inform the requesting Contracting Party in writing of the grounds on which its decision is based.

8. In the case of an escort, the transfer of the person subject to transit shall be documented in a transfer report drawn up by the competent authorities of the Contracting Parties, the model of which is set out in Annex III to this Protocol. The establishment of such a report shall be waived if the escort is conducted by representatives of the requesting Contracting Party to the country of destination or to other transit countries.

1. The competent authorities for the submission, receipt and processing of readmission applications are:

(a)

For the Republic of Poland: The Commander-in-Chief of Border Guards Address: Al. Niepodleglosci 100, PL-02-514 Warsaw Phone: +48 22 54 29 203 Telephone: +48 22 60 29 313 (after 4 p.m.) Fax: +48 22 54 29 205 Email: wydzanaliz@sg.gov.pl

(b)

For the Swiss Confederation: Federal Department of Justice and Police Federal Office for Migration ¹ Area of Direction Asile and Return Division CEP and Dublin Address: Quellenweg 6, CH-3003 Berne-Wabern Telephone: +41 31 325 92 02 +41 31 325 93 69 Fax: +41 31 325 92 33

2. The competent authorities for the submission, receipt and processing of transit requests shall be:

(a)

For the Republic of Poland: The Commander-in-Chief of Border Guards Address: Al. Niepodleglosci 100, PL-02-514 Warsaw Phone: +48 22 54 29 203 Telephone: +48 22 60 29 313 (after 4 p.m.) Fax: +48 22 54 29 205 Email: wydzanaliz@sg.gov.pl

(b)

For the Swiss Confederation: Federal Department of Justice and Police, Federal Office for Migration ² Management domain Asile and return Division Services Section swissREPAT Address: P.O. Box 314, CH-8058 Zurich-Airport Telephone: +41 43 816 74 33 Fax: +41 43 816 74 38

Readmission and transit must take place at the following border crossing and border control points:

1. In the Republic of Poland:

-

International Warsaw-Okecie Airport

-

International Cracow-Balice Airport

2. In the Swiss Confederation:

-

Zurich-Kloten International Airport

-

Geneva-Cointrin International Airport

1. Transfer or transit fees within the meaning of s. 13 of the Agreement shall be settled by the requesting Contracting Party on the basis of a statement containing the invoices and other documents evidencing the costs incurred, within 30 days after receipt of such documents. The payment shall be made in a bank account indicated by the requested Contracting Party.

2. The Contracting Parties shall take the necessary measures to ensure an efficient and economical transfer of the persons escorted, taking into account the necessary and timely security measures.

Unless the Contracting Parties decide otherwise, the competent authorities of the Contracting Parties, for the purposes of the agreement, shall communicate orally and in writing in the English language.

This Protocol shall enter into force and shall terminate at the same time as the Agreement.