AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LATVIA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION ON THE SIMPLIFICATION OF MUTUAL TRAVELS OF INHABITANTS IN THE TERRITORIES OF THE BORDER AREA OF THE REPUBLIC OF LATVIA AND THE RUSSIAN FEDERATION

The Government of the Republic of Latvia and the Government of the Russian Federation, hereinafter referred to as the Parties, desiring to develop and strengthen good neighbourly relations between both States, with due regard to the necessity to preserve and promote economic, cultural and other traditional bonds between inhabitants of the territories of the border area of the Republic of Latvia and the Russian Federation, with the aim to simplify the mutual travels of inhabitants of the territories of the border area of the Republic of Latvia and the Russian Federation, acting in accordance with the legal acts of the Parties, have hereby agreed as follows.

Article 1

The terms used in this Agreement have the following meaning:

"border" - the State border of Latvia and of Russia;

"territories of the border area" - territories of the local governments (territorial units) of the Republic of Latvia and the Russian Federation, which adjoin the border of Latvia and Russia and are located not further than 30 kilometres from it; if a part of such territory is located 30 to 50 kilometres from the border, then it shall also be considered a part of the territory of the border area. The Parties shall co-ordinate the list of the territories of the border area through diplomatic channels;

"inhabitants of the territories of the border area" - citizens of the Republic of Latvia, citizens of the Russian Federation, as well as citizens of third countries and persons without citizenship who are permanently and lawfully residing in the territories of the border area for at least 3 (three) years, and also their spouses, minor children and persons who are under their guardianship or trusteeship, even if they reside in the territories of the border area for less than 3 (three) years;

"close relatives" - inhabitants of the territories of the State border area of one Party who have the following kinship relations with the inhabitants of the territories of the State border area of the other Party: spouses, children (including adopted), parents (including guardians and trustees), grandmothers and grandfathers, grandchildren, brothers and sisters;

"valid travel document" - valid personal identification documents which are recognised by the Parties as valid for crossing the State border, except for a diplomatic passport, service passport and seaman's discharge book;

"local border traffic permit" - a document of a specific form which is issued to the inhabitants of the territories of the State border area of one Party and grants them the rights to repeatedly enter, exit and stay only in the territory of the State border area of the other Party;

"authority issuing the local border traffic permits":

- for the Republic of Latvia - the consulate of the Republic of Latvia in Pskov;

- for the Russian Federation - Embassy of the Russian Federation in the Republic of Latvia, Consulate-General of the Russian Federation in Daugavpils.

Article 2

1. This Agreement prescribes the procedures for the issue of local border traffic permits to inhabitants of the territories of the border area of the Republic of Latvia and the Russian Federation and the procedures for their mutual travels.

2. The issues which are not governed by the provisions of this Agreement, such as the refusal to issue a local border traffic permit, denial of entry or implementation of removal measures, are subject to the provisions of the legal acts of the Republic of Latvia and the European Union from one side and the legal acts of the Russian Federation from the other side.

3. Inhabitants of the territories of the State border area of one Party, while staying in the territory of the State border area of the other Party, shall comply with the laws and regulations of the State of stay, including upon entry into the territory of the State of this other Party.

4. Inhabitants of the territories of the border area who have violated the provisions of this Agreement shall be liable in accordance with legal acts of the State of stay.

Article 3

1. In accordance with this Agreement, local border traffic permits shall be issued by the authorities issuing local border traffic permits on the basis of the lists of inhabitants of the territories of border areas submitted to them (hereafter - the Lists).

2. Inhabitants of the territories of the border area need not present an invitation in order to receive a local border traffic permit.

Article 4

1. Local governments of the territories of the border area shall draw up the Lists of the inhabitants of the territories of the border area of their State. The aforementioned Lists shall be submitted to the authorities of the other Party issuing local border traffic permits for co-ordination. The Parties shall coordinate the procedures for exchanging the Lists through diplomatic channels. The Lists shall be co-ordinated within 20 calendar days.

2. The Lists shall be submitted once a year. If necessary, they may be amended.

3. The following information regarding the inhabitants of the territories of border area shall be indicated in the Lists:

a) the given name, surname;

b) the date and place of birth;

c) the place of residence of and the time period for how long the person has lawfully resided in the territory of the border area;

d) the aim of the travel;

e) the place of stay of the person in the territory of the State border area of the other Party, indicating the populated areas;

f) information regarding a valid travel document (type, number, term of validity).

4. Inclusion of inhabitants of the territories of the border area in the Lists is justified in the following cases:

a) immovable property in the territory of the border area;

b) visit of relatives;

c) visit of burial places of relatives;

d) receipt of medical assistance;

e) attendance at cultural, educational or sports events that are regularly organised by State administrative institutions and authorities of the Parties or their organisation;

f) attendance at religious rituals;

g) implementation of regular networking measures in the field of economic activity based on appropriate contracts, without the right to work.

Article 5

1. Local border traffic permits may be issued to the inhabitants of the territories of the border area who submit:

a) a valid travel document;

b) a filled-in application for the local border traffic permit form;

c) a photograph;

d) a medical insurance policy which is valid for the duration of the first travel;

e) copies of documents which attest the time period for how long the person has lawfully resided in the territory of the border area.

2. If necessary, the authority issuing local border traffic permits shall in addition request documents which attest the fact that the person is lawfully residing in the territory of the border area, as well as documents which justify the necessity to enter the territory of the State border area of the other Party in accordance with Article 4, Paragraph four of the Agreement.

3. Local border traffic permits shall be issued free of charge and with a term of validity from 1 to 2 years, but no longer than the term of validity of the valid travel document.

4. Local border traffic permits shall be issued within 10 calendar days after the day when the documents referred to in this Article have been submitted. In separate cases, the time period for issuing a local border traffic permit may be extended for up to 30 calendar days if an additional examination of the submitted documents is needed.

5. Inhabitants of the territories of the border area who have local border traffic permits may stay in the territory of the State border area of the other Party during the term of validity of such permit. Furthermore, the total duration of stay in the territory of the State border area of the other Party may not exceed 90 days within a period of 180 days.

6. If the inhabitants of the territories of the State border area of one Party, while they are staying in the territory of the State border area of the other Party, are unable to exit the territory of the State of the other Party within the time period specified in Paragraph five of this Article due to force majeure circumstances, the time period of their stay shall be extended free of charge for the period of time that is necessary for them to return to the State of residence in accordance with the legislation of the hosting State.

Article 6

1. Inhabitants of the territories of the border area shall cross the border at border crossing points which are opened for international and bilateral traffic on the basis of valid travel documents and local border traffic permits.

2. Inhabitants of the territories of the State border area of one Party, while staying in the territory of the State of the other Party, shall have a medical insurance policy which is valid for the whole period of stay.

Article 7

Inhabitants of the territories of the border area who are minors shall cross the border accompanied by one of the parents (adopters), guardian or trustee. While crossing the border and staying in the territory of the other State unaccompanied, they shall have, in addition to valid travel documents, a notarially certified consent of the aforementioned persons or a consent of the institutions of guardianship and trusteeship to them crossing the border and staying in the territory of the border area.

Article 8

1. If valid travel documents or local border traffic permits of inhabitants of the territories of the State border area of one Party are lost or damaged while they are staying in the territory of the State border area of the other Party, these persons shall immediately notify the institutions of internal affairs of the State of stay thereof and may leave its territory without visas or other permits based on new valid travel documents or return certificates. Moreover, the institutions of internal affairs of the State of Stay shall issue such persons a document which confirms the fact of such a notification free of charge.

2. In order to receive new travel documents or return certificates, inhabitants of the territories of the border area have the right to visit the closest diplomatic or consular mission of that State which is entitled to issue the travel document or the return certificate, even if they are located outside the territories of the border areas specified in this Agreement.

Article 9

1. In case of epidemics, epizootic diseases, natural disasters or other emergency situations, the Parties may introduce temporary restrictions on border crossing for inhabitants of the territories of border area.

2. The Parties reserve the right to temporarily suspend the operation of this Agreement. The Party which has taken such decision shall notify the other Party of the introduction of such measures and accordingly on their revocation through diplomatic channels as soon as possible, but not later than within 24 hours after taking of such decision.

Article 10

The Parties shall resolve any disagreements that arise during the process of application of this Agreement by mutual consultations.

Article 11

1. Within 30 calendar days from the date of signing this Agreement the Parties shall exchange samples of local border traffic permits through diplomatic channels.

2. If changes are introduced in the documents indicated in the first part of this Article, the Parties shall send their samples to each other not later than 30 calendar days before their entry into effect.

Article 12

1. This Agreement shall enter into effect on the date of receipt of the last written notification that the Parties have fulfilled the internal procedures required for the entry into effect of this Agreement.

2. This Agreement may be amended or supplemented by mutual agreement of the Parties.

3. This Agreement is concluded for an indefinite period of time, and it shall remain in effect for 6 months after the date when one of the Parties has received a written notification from the other Party on the intent to terminate the Agreement.

Signed in Moscow on 20 December 2010 in two copies in the Latvian and the Russian languages, both texts having equal legal power.

On Behalf of the Government of the Republic of Latvia Edgars Skuja Ambassador Extraordinary and Plenipotentiary

On Behalf of the Government of the Russian Federation Sergey Lavrov Minister of Foreign Affairs

 

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Translation © 2019 Valsts valodas centrs (State Language Centre)