1. Representations of a Party responsible for consular tasks may provide consular services to nationals of the other Party under this Agreement and its Annex I in the States of residence where one of the Parties Has no representation. They may also provide consular services on behalf of the other Party in the States of residence where each of the two Parties has consular performances, but where it makes sense to Entrust the supply of these benefits to the other Party. However, citizens' access to the representation of their country remains guaranteed in all cases.

2. The list of states of residence where these benefits can be provided (Annex II) is defined by mutual agreement.

(1) This Agreement shall apply to natural persons who possess the nationality of either Party, in accordance with the law of the Party concerned, or both nationalities.

2. Except as opposed to the State of residence, the Agreement also applies to nationals of the Principality of Liechtenstein, insofar as Switzerland provides consular services for them under the exchange of notes dated 21 and 24 October 1919 ¹ .

The exercise of consular functions by a representation of one of the Parties on behalf of the other Party shall be the subject of appropriate notification to the authorities of the State of residence, in accordance with Art. 8 of the Vienna Convention.

The international obligations of the Parties in consular matters arising out of the status of a member of the European Union or of the bilateral agreements concluded with it shall be reserved. This Agreement shall also be without prejudice to obligations relating to the exchange of non-public information on administrative matters (p. Ex. Administrative assistance in customs or tax matters).

(1) If a national of one of the Parties cannot reasonably defend his rights and interests in the State of residence by himself or through third parties or if he is unable to do so by reason of his absence or Any other cause, the representation of the other Party may assist it in the protection of its rights and interests (principle of subsidiarity).

2. The consular protection functions covered by this Agreement are generally limited to those which require the personal appearance of a national of the Parties to a representation in the State of residence and cannot Therefore only completed by correspondence. The representations of each Party shall grant consular protection to nationals of the other Party to the same extent and to the same conditions as to their own nationals. Except as otherwise provided in this Agreement, the provision of benefits and cooperation shall take place within the framework of the law applicable to that of the Parties.

Before and during the period of consular protection, consultations shall be held with the competent authorities or the competent representations of the State of origin, unless the life and physical integrity of the person concerned are Threatened.

The competent representation of a Party may in particular request the authorities of the State of residence to adopt provisional measures for the protection of the rights and interests of the person concerned or to endeavour to ensure that they are Represented in an appropriate manner before the courts or other authorities of the State of residence, on the understanding that the costs of a lawyer and procedure shall be borne by that person.

(2) If the competent representation of one of the Parties learns that a national of the other Party has been arrested, imprisoned or held in custody or has been subjected to another form of deprivation of liberty, the competent representative may inquire whether he has been detained Informed of his right to contact with the representation. She may also inquire about the reasons for her deprivation of liberty. If deemed appropriate, or if the person concerned so requests, the representation seeks to communicate with the person concerned, to visit him if necessary and to ensure that his defence is adequately secured in the courts or in the courts. Other authorities of the State of residence, on the understanding that the costs of legal proceedings and proceedings shall be borne by that person.

1. If a national of the other Party is in difficulty during a temporary stay in the State of residence, the representations may grant him a loan without interest, subject to reimbursement, to finance his repatriation, Assist it in a transitional way or cover its costs of hospitalization and medical consultation, until receipt of funds from the country of origin or international transfers.

2. If a national of one of the Parties without resources is in difficulty during a temporary stay in the State of residence, to the extent that his or her life or health appears to be seriously threatened, the representations of the other Party may To grant aid for repatriation, to assist it in a transitional way or to cover its costs of hospitalization and medical consultation. The State of origin shall reimburse the assisting Party for the assistance paid.

3. Unlike what is prescribed in s. 5, para. 2, emergency loans and aid must be paid in accordance with the provisions laid down by the State of origin.

4. The beneficiary of the loan must sign a receipt and a repayment commitment, which are transmitted to the authorities of the State of origin with a declaration of assignment. The State of origin shall reimburse the assisting Party for the amount of the loan and shall cover its recovery.

1. If, in a situation of war or crisis or in natural disasters or disasters, a Party puts in place protective measures, it shall include nationals of the other Party in the arrangements for its own nationals. In the event of the establishment or implementation of evacuation measures, the representations of each Party shall ensure that the nationals of the other Party are entitled to as much benefit as possible, on the understanding that any person evacuated is Own will and under its sole responsibility.

2. The competent authorities shall agree in each case on the terms and costs of the evacuation.

3. Mutual consultation is sought in the context of crisis preparedness and crisis response.

The representations shall be entitled to issue certificates to nationals of the other Party on facts of which they have duly established the veracity, if such certificates are intended to be used exclusively in the State of origin of their Recipient. The provisions of the European Convention of 7 June 1968 on the abolition of the legalisation of acts established by diplomatic or consular officials ¹ Are reserved.

The representations of each Party may provide in favour of a national of the other Party other consular services of an administrative nature as provided for in Annex I.

The representations shall collect the consular fees prescribed by the relevant national provisions of the Party concerned.

Charges which exceed the amount of normal administrative costs and which have been granted in the interest of one or more nationals of the other Party shall be counted in each case between the competent authorities. The right of the State of origin to turn against its national who caused these costs shall be reserved.

1. The Parties agree to consider the possibility of including members of their staff in representations of the other Party, if one of the Parties does not have an on-site presence, but because of the volume of activities, a transfer Consular functions within the meaning of s. 1 is not the best solution.

2. A joint committee rules, by separate convention, the questions relating to the practical arrangements for the provision of benefits, the legal status of "integrated" staff and the costs associated with the integration of staff.

The competent authorities may organise training for consular officials of the other Party who are responsible for providing consular services. The Joint Committee may examine the possibility of enhancing synergies in the training of consular officials, for example through the organisation of common courses.

The Parties shall assist each other on the spot by making available to the other Party premises and other infrastructure in the event of technical or infrastructure problems affecting existing buildings or installations.

The competent authorities may make joint assessments in the representations providing consular services for the other Party.

Further to the consultations provided for in Art. 5, para. 3, regular exchanges on activities take place between the competent representation for the State of residence or the consular district, on the one hand, whose consular services are provided by the other Party in the context of this Agreement, and on-site representation, on the other hand, that provides consular benefits to the other Party under this Agreement.

1. A Joint Committee shall be established, composed of representatives of the Parties, which shall be responsible for the management of this Agreement and shall ensure its proper functioning. To this end, it shall make recommendations and take decisions in the cases provided for in this Agreement, within the limits of the national laws of the Parties and the respective jurisdictions. It shall act by mutual agreement. The Joint Committee shall meet at the request of a Party, but at least once a year. It can have rules of procedure/rules of procedure.

2. The Joint Committee shall be responsible for the following tasks and tasks:

(a)

Conducting discussions and making decisions on matters relating to the application of this Agreement and the choice of States of residence;

(b)

Conclude the conventions for the implementation of this Agreement which fall within its competence;

(c)

Proceed, subject to approval by the competent authorities, to the technical and administrative changes to this Agreement and to the amendments and adaptations of the Annexes;

(d)

Ensuring the mutual information of the Parties on the implementation of this Agreement and relevant developments;

(e)

Control the finances and the charging system.

The competent authorities shall be:

(a)

For Switzerland: the Federal Department of Foreign Affairs;

(b)

For the Republic of Austria: the Federal Ministry for Europe, Integration and Foreign Affairs.

2. Competent authorities may consult each other and consult each other on concrete implementation issues. They also prepare conventions for the Joint Committee.

The Annexes shall form an integral part of this Agreement.

(1) This Agreement shall enter into force on the first day of the third month following the date of receipt of the second diplomatic note by which the Parties notify each other of the completion of the internal approval procedures.

2. The Parties shall consider, at the request of one of them, the possibility of an amendment to this Agreement. Where applicable, this amendment shall enter into force in accordance with para. 1.

(3) This Agreement shall be concluded for an indefinite period, but may be terminated at any time by diplomatic note. It shall cease to apply six months after the date of the diplomatic note.

4. This Agreement replaces the agreement of 3 September 1979 between Switzerland and Austria on cooperation in the consular field.

Done at Belgrade on 3 December 2015 in two originals in the German language.