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Macau Bilateral Treaty Series |
THE MACAO SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA, hereinafter referred to as “the Macao SAR”, duly authorised to conclude this Agreement by the Central People's Government of the People's Republic of China,
and
ICELAND,
hereinafter referred to as the “Contracting Parties”,
DETERMINED to strengthen their cooperation in order to combat illegal immigration more effectively,
REFERRING to Council Regulation (EC) No 539/2001, and in particular Article 1(2) in conjunction with Annex II thereof, implemented into Icelandic national legislation by notification, exempting holders of a “Macao Special Administrative Region” Passport from the requirement, to be in possession of a visa when crossing the borders of Iceland,
DESIRING to establish, by means of this Agreement and on the basis of reciprocity, rapid and effective procedures for the identification and return of persons who do not, or no longer, fulfil the conditions for entry to, presence in, or residence on the territories of the Macao SAR or Iceland, and to facilitate the transit of such persons in a spirit of cooperation,
HAVE AGREED AS FOLLOWS:
For the purpose of this Agreement:
(a) “Permanent resident of the Macao SAR” shall mean any person who has the right to reside permanently in the Macao SAR;
(b) “Person of another jurisdiction” shall mean any person who is neither a permanent resident of the Macao SAR, nor a national of Iceland;
(c) “Residence authorisation” shall mean a permit of any type issued by the Macao SAR or Iceland entitling a person to reside on its territory. This shall not include temporary permissions to remain on its territory in connection with the processing of an asylum application or an application for a residence authorisation;
(d) “Visa” shall mean an authorisation issued or a decision taken by the Macao SAR or Iceland which is required for entry in, or transit through, its territory. This shall not include airport transit visa.
1. The Macao SAR shall readmit, upon application by Iceland and without any formalities other than those specified in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the Iceland provided that it is proved, or may be validly presumed that they are permanent residents of the Macao SAR. The same shall apply to persons who, since entering the territory of Iceland, have lost their right to permanent residence in the Macao SAR, unless such persons have been naturalised by Iceland.
2. At the request of Iceland, the Macao SAR shall, as necessary and without delay, issue the person to be readmitted with the travel document required for his or her return that is of a period of validity of at least 6 (six) months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the Macao SAR shall issue a new travel document with the same period of validity within 14 (fourteen) days. If the Macao SAR has not replied to the request by Iceland within 15 (fifteen) days, it shall be deemed to accept the use of an Icelandic travel document for expulsion purposes.
1. The Macao SAR shall readmit, upon application by Iceland and without any formalities other than those specified in this Agreement, all persons of another jurisdiction who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of Iceland provided that it is proved, or may be validly presumed, that such persons:
(a) at the time of entry in Iceland held a valid residence authorisation issued by the Macao SAR; or
(b) after having entered the territory of the Macao SAR, proceed to enter unlawfully the territory of Iceland or the territory of another state participating in the implementation and application of the Schengen acquis, coming directly from the territory of the Macao SAR.
2. The readmission obligation in paragraph 1 shall not apply if:
(a) the person of another jurisdiction merely transited without entering the territory of the Macao SAR; or
(b) Iceland has issued to the person of another jurisdiction a residence authorisation before or after entering its territory unless that person is in possession of a residence permit, issued by the Macao SAR, which has a longer period of validity.
3. At the request of Iceland, the Macao SAR shall, as necessary and without delay, issue the person to be readmitted with the travel document required for his or her return that is of a period of validity of at least 6 (six) months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, the Macao SAR shall issue a new travel document with the same period of validity within 14 (fourteen) days. If the Macao SAR has not replied to the request by Iceland within 15 (fifteen) days, it shall be deemed to accept the use of the Icelandic travel document for expulsion purposes.
1. Iceland shall readmit, upon application by the Macao SAR and without any formalities other than those specified in this Agreement, all persons who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on the territory of the Macao SAR provided that it is proved, or may be validly presumed, that they are nationals of Iceland.
The same shall apply to persons who have been deprived of, or who have renounced, the nationality of Iceland since entering the territory of the Macao SAR unless such persons are permanent residents of the latter.
2. At the request of the Macao SAR, Iceland shall, as necessary and without delay, issue the person to be readmitted with the travel document required for his or her return that is of a period of validity of at least 6 (six) months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, Iceland shall issue a new travel document with the same period of validity within 14 (fourteen) days. If Iceland has not replied to the request by the Macao SAR within 15 (fifteen) days, Iceland shall be deemed to accept the use of the “Travel Permit of Exceptional Use” of the Macao SAR.
1. Iceland shall readmit, upon application by the Macao SAR and without any formalities other than those specified in this Agreement, all persons of another jurisdiction who do not, or who no longer, fulfil the conditions in force for entry to, presence in, or residence on, the territory of the Macao SAR provided that it is proved, or may be validly presumed, that such persons:
(a) at the time of entry in the Macao SAR held a valid residence authorisation issued by Iceland; or
(b) after having entered the territory of Iceland, proceeded to enter unlawfully the territory of the Macao SAR, coming directly from the territory of Iceland.
2. The readmission obligation in paragraph 1 shall not apply if:
(a) the person of another jurisdiction has been in airside transit via an international airport of Iceland; or
(b) the Macao SAR has issued to the person of another jurisdiction a residence authorisation before or after entering its territory unless that person is in possession of a residence permit, issued by Iceland, which has a longer period of validity.
3. At the request of the Macao SAR, Iceland shall, as necessary and without delay, issue the person to be readmitted with the travel document required for his or her return that is of a period of validity of at least 6 (six) months. If, for legal or factual reasons, the person concerned cannot be transferred within the period of validity of the travel document that was initially issued, Iceland shall issue a new travel document with the same period of validity within 14 (fourteen) days. If Iceland has not replied to the request by the Macao SAR within 15 (fifteen) days, Iceland shall be deemed to accept the use of the “Travel Permit of Exceptional Use” of the Macao SAR.
1. Subject to paragraph 2, a transfer of a person to be readmitted on the basis of one of the obligations contained in Articles 2 to 5 shall require the submission of a readmission application to the competent authority of the requested Contracting Party.
2. The readmission application may be replaced by a written communication to the requested Contracting Party within a reasonable time period prior to the return of the person concerned provided that:
(a) the person to be readmitted is in possession of a valid travel document and, where applicable, a valid residence authorisation of the requested Contracting Party; and
(b) the person to be readmitted is willing to return to the requested Contracting Party.
1. Any readmission application is to contain the following information:
(a) the particulars of the person to be readmitted (e.g. given name, surname, date of birth, and — where possible — place of birth, and the last place of residence);
(b) indication of the means which provide proof or valid presumption of nationality or permanent residence, and where possible, copies of documents.
2. To the extent possible, the readmission application should also contain the following information:
(a) a statement indicating that the person to be transferred may need help or care, provided the person concerned has explicitly consented to the statement;
(b) any other protection or security measure which may be necessary in the individual transfer case.
3. The Contracting Parties may agree upon a common form to be used for readmission applications.
1. Proof of nationality or permanent residence pursuant to Article 2(1) and Article 4(1) can be furnished through the documents listed in Annex 1 to this Agreement, even if their period of validity has expired. If such documents are presented, Iceland shall recognise the nationality, and the Macao SAR shall recognise the permanent residence, without further formalities. Proof of nationality or permanent residence cannot be furnished through false documents.
2. Valid presumption of nationality or permanent residence pursuant to Article 2(1) and Article 4(1) can be furnished through the documents listed in Annex 2 to this Agreement, even if their period of validity has expired. If such documents are presented, Iceland shall deem the nationality, and the Macao SAR shall deem the permanent residence, to be established unless they can prove otherwise.
3. If none of the documents listed in Annexes 1 or 2 can be presented, the competent authorities of the Macao SAR or Iceland shall, upon request, make arrangements to interview by any means the person to be readmitted without undue delay in order to establish his or her nationality or permanent residence.
1. Proof of the conditions for the readmission of persons of another jurisdiction laid down in Article 3(1) and Article 5(1) can be furnished through the means of evidence listed in Annex 3 to this Agreement; it cannot be furnished through false documents. Any such proof shall be mutually recognised by the Contracting Parties without further formalities.
2. Valid presumption of the conditions for the readmission of persons of another jurisdiction laid down in Article 3(1) and Article 5(1) can be furnished through the means of evidence listed in Annex 4 to this Agreement. Where such valid presumption is presented, the Contracting Parties shall deem the conditions to be established unless they can prove otherwise.
3. The unlawfulness of entry, presence or residence may be established by means of the travel documents of the person concerned being missing, or in which the necessary visa or other residence authorisation for the territory of the Macao SAR or Iceland is missing. A statement by the competent authority of the requesting Contracting Party that the person concerned has been found not having the necessary travel documents, visa or residence authorisation shall likewise provide valid presumption of the unlawful entry, presence or residence.
1. The application for readmission must be submitted to the competent authority of the requested Contracting Party within a maximum of one year after the requesting authority has gained knowledge that a person of another jurisdiction does not, or does no longer, fulfil the conditions in force for entry, presence or residence. Where there are legal or factual obstacles to the application being submitted in time, the time limit shall, upon request, be extended but only until the obstacles have ceased to exist.
2. A readmission application must be replied to without undue delay, and in any event within a maximum of one month; reasons shall be given for refusal of a readmission request. This time limit begins to run with the date of receipt of the readmission request. Upon expiry of this time limit the transfer shall be deemed to have been agreed to.
3. After agreement has been given or, where appropriate, upon expiry of the one month time limit, the person concerned shall be transferred without undue delay and, at the most, within three months. Upon application, this time limit may be extended by the time taken to deal with legal or practical obstacles.
1. Before returning a person, the competent authorities of the Macao SAR and Iceland shall make arrangements in writing and in advance regarding the transfer date, the border crossing point and possible escorts.
2. No means of transportation, whether by air, land or sea, shall be prohibited but, as a rule, return shall take place by air. Return by air is not restricted to the use of national carriers or security staff of the requesting Contracting Party, and may take place by using scheduled flights as well as charter flights.
1. The Macao SAR shall allow the transit of persons of another jurisdiction through its territory if Iceland so requests, and Iceland shall authorise the transit of persons of another jurisdiction through its territory if the Macao SAR so requests, if the onward journey in possible other States of transit and the readmission by the State of destination is assured.
2. The Macao SAR and Iceland should restrict the transit of persons of another jurisdiction to cases where such persons cannot be returned to the State of destination directly.
3. Transit can be refused by the Macao SAR or Iceland:
(a) if the person of another jurisdiction runs the risk of persecution, or could be subjected to criminal prosecution or sanctions in another State of transit or in the State of destination, or could be threatened by criminal prosecution on the territory of the Macao SAR or Iceland;
(b) on grounds of public health, domestic security or other fundamental interests of the legal order.
4. The Macao SAR or Iceland may revoke any authorisation issued if circumstances referred to in paragraph 3 subsequently arise or come to light which stand in the way of the transit operation, or if the onward journey in possible States of transit or the readmission by the State of destination is no longer assured.
1. An application for transit must be submitted to the competent authorities in writing and is to contain the following information:
(a) type of transit (by air, land or sea), possible other States of transit and intended final destination;
(b) the particulars of the person concerned (e.g. given name, surname, date of birth, and — where possible — place of birth, nationality, type and number of travel document);
(c) envisaged border crossing point, time of transfer and possible use of escorts;
(d) a declaration that from the viewpoint of the requesting Contracting Party the conditions pursuant to Article 12(2) are met, and that no reasons for a refusal pursuant to Article 12(3) are known of.
The Contracting Parties may agree upon a common form to be used for transit applications.
2. The competent authority of the requested Contracting Party shall, without undue delay and in writing, inform the requesting competent authority of the admission, confirming the border crossing point and the envisaged time of admission, or inform it of the admission refusal and of the reasons for such refusal.
3. If the transit is effected by air, the person to be readmitted and possible escorts shall be exempted from having to obtain an airport transit visa.
4. The competent authorities of the requested Contracting Party shall, subject to mutual consultations, support the transit, in particular through the surveillance of the persons in question and the provision of suitable amenities for that purpose.
Without prejudice to the right of the competent authorities to recover the costs associated with the readmission from the person to be readmitted or third parties, all transport costs incurred in connection with readmission and transit pursuant to this Agreement as far as the border of the State of final destination shall be borne by the requesting Contracting Party.
1. The communication of personal data shall only take place if such communication is necessary for the implementation of this Agreement by the competent authorities of the Macao SAR or Iceland.
2. The processing and treatment of personal data in a particular case shall be subject to the Macao SAR law and to Icelandic law.
3. Additionally, the following principles shall apply:
(a) personal data must be processed fairly and lawfully;
(b) personal data must be collected for the specified, explicit and legitimate purpose of implementing this Agreement and not further processed by the communicating authority nor by the recipient in a way incompatible with that purpose;
(c) personal data must be adequate, relevant and not excessive in relation to the purpose for which they are collected and/or further processed; in particular, personal data communicated may concern only the following:
(d) personal data must be accurate and, where necessary, kept up to date;
(e) personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purpose for which the data were collected or for which they are further processed;
(f) both the communicating authority and the recipient shall take every reasonable step to ensure as appropriate the rectification, erasure or blocking of personal data where the processing does not comply with the provisions of this Article, in particular because the data are not adequate, relevant, accurate, or they are excessive in relation to the purpose of processing. This includes the notification of any rectification, erasure or blocking to the other Party;
(g) upon request, the recipient shall inform the communicating authority of the use of the communicated data and of the results obtained therefrom;
(h) personal data may only be communicated to the competent authorities. Further communication to other bodies requires the prior consent of the communicating authority;
(i) the communicating and the receiving authorities are under the obligation to make a written record of the communication and receipt of personal data.
1. This Agreement shall be without prejudice to the rights, obligations and responsibilities arising from International Law applicable to the Macao SAR and Iceland.
2. Nothing in this Agreement shall prevent the return of a person under other formal or informal arrangements.
1. The Contracting Parties shall provide each other with mutual assistance in the application and interpretation of this Agreement.
2. Within thirty days after the entry into force of this Agreement, the Contracting Parties shall inform each other in writing on the competent authorities designated to implement it, as well as on their addresses or other information necessary to facilitate communication. The Contracting Parties shall also inform each other about any changes that may occur with respect to these authorities.
3. Representatives of the competent authorities shall meet whenever necessary to analyse the modalities of applying this Agreement and may agree upon the practical arrangements for its implementation, including:
(a) designation of border crossing points and exchange of contact points;
(b) conditions for transit of persons of another jurisdiction under escort;
(c) means and documents additional to those listed in Annexes 1 to 4 to this Agreement.
1. This Agreement shall be ratified or approved by the Contracting Parties in accordance with their respective procedures.
2. This Agreement shall enter into force on the first day of the second month after the date on which the Contracting Parties notify each other that the procedures referred to in the first paragraph have been completed.
3. This Agreement shall remain in force indefinitely, unless terminated in accordance with paragraph 4 of this Article.
4. Each Contracting Party may terminate this Agreement by giving written notice to the other Contracting Party. This Agreement shall cease to apply six months after the date of such notification.
Annexes 1 to 4 shall form an integral part of this Agreement.
Done at Macao on the 20th day of February in the year 2009 in duplicate in the Chinese and English languages, both texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.
For the Macao Special Administrative For Iceland
Region of the People's Republic of China
ANNEX 1
Macao:
Iceland:
ANNEX 2
ANNEX 3
ANNEX 4
JOINT DECLARATION ON STATELESS PERSONS
The Contracting Parties take note that, at present, no International Convention or agreement dealing with stateless persons is applicable to the Macao SAR. They therefore agree that this category of persons shall be covered by the definition of “person of another jurisdiction” in Article 1(b) .
JOINT DECLARATION ON VISA
The Contracting Parties take note that, under Macao's current laws, visas are issued upon arrival only, and expire upon departure from Macao. Consequently, it is legally impossible for a third country national to enter Iceland while holding a valid visa for Macao.
The Parties agree to consult each other in due time, should this legal situation change.
JOINT DECLARATION ON ARTICLE 3(2) (a)
The Contracting Parties agree that persons of another jurisdiction who are “merely transiting without entering” in the meaning of Article 3(2) (a) are persons whose transit is taking place with the knowledge or under the escort of the competent authorities of the Macao SAR.
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URL: http://www.macaulites.org/mo/other/MOBTSer/2009/1.html