Статья 11«Исполнительный протокол к Соглашению между Правительством Российской Федерации и Правительством Королевства Норвегия о реадмиссии от 8 июня 2007 г.» [рус., англ.]

Вступление в силу и прекращение действия

1. Стороны по дипломатическим каналам уведомляют друг друга о выполнении ими внутригосударственных процедур, необходимых для вступления в силу настоящего Исполнительного протокола.

2. Настоящий Исполнительный протокол вступает в силу в 1-й день месяца, следующего за датой получения последнего письменного уведомления, указанного в пункте 1 настоящей статьи.

3. Действие настоящего Исполнительного протокола прекращается с даты прекращения действия Соглашения.

Совершено в г. Москве 2 марта 2012 года в двух экземплярах, каждый на русском, норвежском и английском языках, причем все тексты имеют одинаковую силу.

В случае любых разногласий в толковании настоящего Исполнительного протокола используется текст на английском языке.

TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE KINGDOM OF NORWAY ON READMISSION OF 8 JUNE 2007

(Moscow, 2.III.2012)

The Government of the Russian Federation and the Govemment of the Kingdom of Norway, hereinafter referred to as the «Parties»,

desiring to facilitate the implementation of the Agreement between the Government of the Russian Federation and the Government of the Kingdom of Norway on readmission of 8 June 2007, hereinafter referred to as the «Agreement»,

in consideration of the Agreement between the Government of the Union of Soviet Socialist Republics and the Government of the Kingdom of Norway concerning the regime of the Soviet-Norwegian frontier and procedure for the settlement of frontier disputes and incidents of December 29, 1949, hereinafter referred to as the «Agreement on the Soviet-Norwegian border regime»,

have agreed as follows:

1. The competent authorities responsible for the implementation of the Agreement are:

for the Russian Party:

central competent authority — the Federal Migration Service;

competent authorities — the Ministry of Foreign Affairs of the Russian Federation and the Federal Security Service of the Russian Federation;

for the Norwegian Party:

central competent authority — the National Police Immigration Service;

competent authority — the Norwegian Ministry of Justice.

Readmission under the accelerated procedure set out in Article 6 (3) of the Agreement shall be exercised for the Russian Party by the Federal Security Service of the Russian Federation and for the Norwegian Party by the Norwegian Police.

2. For the implementation of the Agreement and of this Implementing Protocol the central competent authorities shall cooperate directly with each other.

In cases of readmission under the accelerated procedure the cooperation shall be exercised between the boundary commissioners or their deputies acting in accordance with the Agreement on the Soviet-Norwegian border regime.

3. The Parties shall immediately notify each other through diplomatic channels of any changes in the list of the competent authorities referred to in paragraph 1 of this Article.

4. For the implementation of this Implementing Protocol the central competent authorities shall notify each other directly in writing of their contact data and the contact data of the competent authorities within 30 calendar days from the date of signing of this Implementing Protocol.

5. The central competent authorities shall notify each other immediately in writing of any changes in their contact data and in contact data of the competent authorities.

1. A readmission application, compiled pursuant to Article 7 of the Agreement, shall be submitted by the central competent authority of the requesting Party to the central competent authority of the requested Party by post or courier.

2. A reply to a readmission application shall be sent by the central competent authority of the requested Party to the central competent authority of the requesting Party by post or courier and additionally, if necessary, by the technical means of information transmission and within the time limits specified in Article 11 (2) of the Agreement.

3. A readmission application under the accelerated procedure, compiled pursuant to Article 7 of the Agreement, concerning a person who has illegally crossed the Russian-Norwegian border and has subsequently been detained in an area which extends up to 30 kilometers in both directions from the common land border between the Russian Federation and the Kingdom of Norway, shall be submitted within the time limits specified in Article 6 (3) of the Agreement. A readmission application under the accelerated procedure shall be replied to within the time limits specified in Article 11 (3) of the Agreement.

Taking into account Article 18 (2) of the Agreement, if the boundary commissioners or their deputies, acting in accordance with the Agreement on the Soviet-Norwegian border regime, agree that the illegal border crossing was not intentional or it was necessitated by a case of force-majeure, then issues regarding the return of the above-mentioned person, shall be arranged by the boundary commissioners or their deputies in accordance with the Agreement on the Soviet-Norwegian border regime.

1. If the requesting Party considers that documents other than those listed in Annexes 2 to 5 to the Agreement may be essential for establishing the nationality of the person to be readmitted or for establishing proof of grounds for the readmission of third country nationals and stateless persons, such documents may be attached to the readmission application submitted to the requested Party.

2. The requested Party may decide whether the documents referred to in paragraph 1 of this Article are to be taken into consideration in processing the readmission application.

1. If the requesting Party is unable to present any of the documents listed in Annexes 2 and 3 to the Agreement, the requested Party upon a request indicated in paragraph «D» of the readmission application shall interview the person to be readmitted for the purposes of establishing that this person possesses the nationality of the State of the requested Party.

2. The representatives of the central competent authority at the diplomatic mission or consular post of the State of the requested Party in the State of the requesting Party has the primary duty to carry out such an interview.

3. If there are no such representatives of the central competent authority as referred to in paragraph 2 of this Article, the interview shall be carried out by the employees of the diplomatic mission or consular post of the State of the requested Party in the State of the requesting Party.

4. The central competent authority of the requested Party shall inform the central competent authority of the requesting Party of the results of the interview within the shortest possible time period, but not later than within 10 calendar days from the date of receipt of the readmission application containing the request for an interview. The time limits for the reply to such a readmission application shall be calculated from the date of sending of information about the interview results by the central competent authority of the requested Party.

5. If the interview results have failed to establish that the person to be readmitted possesses the nationality of the State of the requested Party or if the person in question has not been presented for the interview, the central competent authority of the requested Party shall refuse the readmission application containing the request for an interview without consideration.

1. A transit application shall be submitted by the central competent authority of the requesting Party to the central competent authority of the requested Party by post or courier not later than 8 working days before the planned transit.

2. A transit application shall be replied to by the central competent authority of the requested Party to the central competent authority of the requesting Party by post or courier and additionally, if necessary, by technical means of information transmission, within 3 working days from receipt of the transit application.

1. For the purposes of readmission and transit the Parties identify the following international border crossing points:

a) air border crossing points: at all international airports within the territories of the States of the Parties;

b) at the land border crossing point Borisoglebsk (Russian Federation) — Storskog (Kingdom of Norway).

2. The Parties shall immediately inform each other through diplomatic channels of any change in the list of border crossing points provided in paragraph 1 of this Article.

3. The date, time, border crossing point and mode of transfer of the person subject to readmission or transit and also the modalities of the transit shall be agreed between the competent authorities in each concrete case.

4. The Parties aspire to carry out the readmission mainly by air and carry out the transit by air.

5. Transfer modalities, as referred to in Article 13 (1) of the Agreement concerning a person to be readmitted under the accelerated procedure, shall be agreed between the competent authorities in each concrete case. The transfer of the above-mentioned person is effectuated by the boundary commissioners, their deputies or assistants acting in accordance with the Agreement on the Soviet-Norwegian border regime.

1. If there is a need to escort a person in connection with readmission or transit, the competent authorities of the requesting Party shall provide to the competent authorities of the requested Party first names, surnames and official titles of the escorts, numbers and dates of issue of passports, flight numbers, date and time of arrival and departure flights.

This information shall be specified, if possible, in paragraph «D» of the readmission application or transit application compiled in accordance with the form set in Annexes 1 and 6 to the Agreement and shall be submitted to the requested Party in advance.

2. If there are any changes in the data concerning the escorts referred to in paragraph 1 of this Article, the central competent authority of the requesting Party shall immediately notify the central competent authority of the requested Party of these changes in writing.

3. The escorts shall comply with the legislation of the State of the requested Party during their stay in the territory of the State of the requested Party.

4. The escorts shall be in civilian clothes and carry valid passports, as well as documents verifying the ongoing readmission or transit.

5. The escorts shall be unarmed and shall not bring with them any other items that are not allowed or that are subject to legal restrictions in the territory of the State of the requested Party.

6. The competent authorities shall cooperate with each other on all issues related to the stay of the escorts in the territory of the State of the requested Party. Furthermore, the competent authorities of the requested Party shall provide the escorts with suitable assistance if necessary.

The readmission and transit costs incurred by the requested Party that shall be borne by the requesting Party in accordance with Article 16 of the Agreement shall be reimbursed by the requesting Party in Euros within 30 calendar days from the submission of the documentation of the costs.

1. For the implementation of this Implementing Protocol the documents, provided for in Article 3 of this Implementing Protocol as well as in sections III and IV of the Agreement shall be drawn up:

by the Russian Party — in Russian with translation into English attached;

by the Norwegian Party — in English with translation into Russian attached.

2. Consultations between the competent authorities concerning the implementation of this Implementing Protocol shall be conducted in English unless the Parties agree otherwise in each particular case.

The Parties may, upon mutual consent, make amendments to this Implementing Protocol.

Entry into force and termination

1. The Parties shall notify each other through diplomatic channels about the completion of their internal procedures necessary for entry into force of this Implementing Protocol.

2. This Implementing Protocol shall enter into force on the first day of the month following the date of receipt of the last written notification indicated in paragraph 1 of this Article.

3. This Implementing Protocol shall be terminated at the same time as the Agreement.

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