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Norsk

Bilateral agreements

Document-ID : 2008-02-13-003
Entry info force : 01.09.2011
Documentdate : 13.02.2008

Agreement between Norway and Ukraine on the facilitation of the issuance of visas

I henhold til kgl.res. av 1. februar 2008 ble avtalen undertegnet 13. februar 2008. Avtalen trådte i kraft 1. september 2011 etter brevveksling.

Agreement between

the Government of the Kingdom of Norway and the Cabinet of Ministers of Ukraine

on the facilitation of the issuance of visas

The Government of the KINGDOM OF NORWAY and The Cabinet of Ministers of UKRAINE

hereinafter referred to as the Contracting Parties;

(1)     With a view to further developing friendly relations between the Contracting Parties and Desiring to facilitate people to people contacts as an important condition for a steady development of economic, humanitarian, cultural, scientific and other ties, by facilitating the issuing of visas to Ukrainian citizens;

(2)     Desiring to regulate the regime of mutual travel of citizens of the Kingdom of Norway and Ukraine;

(3)     Bearing in mind that, as from 1st January 2006, Norwegian citizens are exempted from the visa requirement when travelling to Ukraine for a period of time not exceeding 90 days or transiting through the territory of Ukraine;

(4)     Recognising that if Ukraine would reintroduce the visa requirement for Norwegian citizens, the same facilitations granted under this agreement to the Ukrainian citizens would automatically, on the basis of reciprocity, apply to Norwegian citizens;

(5)     Recognising that visa facilitation should not lead to illegal migration and paying special attention to security and readmission;

(6)     Recognising the introduction of a visa free travel regime within the Schengen framework for the citizens of Ukraine as a long term perspective;

(7)     Basing themselves on the Agreement between Ukraine and the European Community on the facilitation of the issuance of visas and the joint declaration concerning the Kingdom of Norway annexed thereto;

HAVE AGREED AS FOLLOWS:

Article 1
Purpose and scope of application

1 The purpose of this Agreement is to facilitate the issuance of visas to the citizens of Ukraine for an intended stay of no more than 90 days per the period of 180 days in the territory of the Kingdom of Norway and any other Schengen Member State.

2 If Ukraine would reintroduce the visa requirement for Norwegian citizens or certain categories of Norwegian citizens, the same facilitations granted under this agreement to the Ukrainian citizens would automatically, on the basis of reciprocity, apply to Norwegian citizens concerned.

Article 2
General clause

1. The visa facilitations provided in this Agreement shall apply to citizens of Ukraine only insofar as they are not exempted from the visa requirement by the laws and regulations of the Kingdom of Norway, the present Agreement or other international agreements.

2. The national law of The Kingdom of Norway or Ukraine shall apply to issues not covered by the provisions of this Agreement, such as the refusal to issue a visa, recognition of travel documents, proof of sufficient means of subsistence and the refusal of entry and expulsion measures.

Article 3
Definitions

For the purpose of this Agreement:

a) «Citizen of the Kingdom of Norway» shall mean any person who holds the citizenship of the Kingdom of Norway;

b) «Citizen of Ukraine» shall mean any person who holds the citizenship of Ukraine;

c) «Visa» shall mean an authorization issued or a decision taken by the Kingdom of Norway which is required with a view to:

entry for an intended stay in the Kingdom of Norway or in several Schengen Member States of no more than 90 days in total,

entry for transit through the territory of the Kingdom of Norway or several Schengen Member States.

 

d) «legally residing person» shall mean a citizen of Ukraine authorized or entitled to stay for more than 90 days in the territory of Norway, on the basis of national legislation.

e) «Schengen Member State» shall mean any state applying the Schengen acquis in full.

 

Article 4
Supporting documents regarding the purpose of the journey

1. For the following categories of citizens of Ukraine, the following documents are sufficient for justifying the purpose of the journey to the Kingdom of Norway:

a) for members of official delegations who, following an official invitation addressed to Ukraine, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Kingdom of Norway by intergovernmental organisations:

- a letter issued by an Ukrainian authority confirming that the applicant is a member of its delegation travelling to the Kingdom of Norway to participate at the aforementioned events, accompanied by a copy of the official invitation;

b) for business people and representatives of business organisations:

- a written request from a host legal person or company, or an office or a branch of such legal person or company, state and local authorities of the Kingdom of Norway or organizing committees of trade and industrial exhibitions, conferences and symposia held in the territory of the Kingdom of Norway;

c) for drivers conducting international cargo and passenger transportation services to the territories of the Kingdom of Norway in vehicles registered in Ukraine:

- a written request from the national association of carriers of Ukraine providing for international road transportation, stating the purpose, duration and frequency of the trips;

d) for members of train, refrigerator and locomotive crews in international trains, traveling to the territory of the Kingdom of Norway:

- a written request from the competent railway company of Ukraine stating the purpose, duration and frequency of the trips;

e) for journalists:

- a certificate or other document issued by a professional organisation proving that the person concerned is a qualified journalist and a document issued by his/her employer stating that the purpose of the journey is to carry out journalistic work;

f) for persons participating in scientific, cultural and artistic activities, including university and other exchange programmes:

- a written request from the host organisation to participate in those activities;

g) for pupils, students, post-graduate students and accompanying teachers who undertake trips for the purposes of study or educational training, including in the framework of exchange programmes as well as other school related activities:

- a written request or a certificate of enrolment from the host university, college or school or student cards or certificates of the courses to be attended.

h) for participants in international sports events and persons accompanying them in a professional capacity:

- a written request from the host organisation: competent authorities, national sport Federations and National Olympic Committee of the Kingdom of Norway;

i) for participants in official exchange programmes organised by twin cities:

- a written request of the Head of Administration/Mayor of these cities.

j) for close relatives – spouse, children (including adopted), parents (including custodians), grandparents and grandchildren – visiting citizens of Ukraine legally residing in the territory of the Kingdom of Norway:

- a written request from the host person.

k) relatives visiting for burial ceremonies:

- an official document confirming the fact of death as well as confirmation of the family or other relationship between the applicant and the buried.

l) for visiting military and civil burial grounds:

- an official document confirming the existence and preservation of the grave as well as family or other relationship between the applicant and the buried.

m) for visiting for medical reasons:

- an official document of the medical institution confirming necessity of medical care in this institution and proof of sufficient financial means to pay the medical treatment.

2. The written request mentioned in paragraph 1 of this Article shall contain the following items:

a) for the invited person: name and surname, date of birth, sex, citizenship, number of the identity document, time and purpose of the journey, number of entries and name of minor children accompanying the invited person;

b) for the inviting person: name and surname and address;

c) for the inviting legal person, company or organisation: full name and address and

- if the request is issued by an organisation, the name and position of the person who signs the request;

- if the inviting person is a legal person or company or an office or a branch of such legal person or company established in the territory of the Kingdom of Norway, the registration number as required by the national law of the Kingdom of Norway;

 

3. For the categories of persons mentioned in paragraph 1 of this Article, all categories of visas are issued according to the simplified procedure without requiring any other justification, invitation or validation concerning the purpose of the journey, provided for by the legislation of the Kingdom of Norway.

Article 5
Issuance of multiple-entry visas

1. Diplomatic missions and consular posts of the Kingdom of Norway shall issue multiple-entry visas with the term of validity of up to five years to the following categories of the citizens of Ukraine:

a) members of national and regional Governments and Parliaments, Constitutional and Supreme Courts if they are not exempted from the visa requirement by the present Agreement, in the exercise of their duties, with a term of validity limited to their term of office if this is less than 5 years;

b) permanent members of official delegations who, following official invitations addressed to Ukraine, shall regularly participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Kingdom of Norway by intergovernmental organisations;

c) spouses and children (including adopted), who are under the age of 21 or are dependant, and parents (including custodians) visiting citizens of Ukraine legally residing in the territory of the Kingdom of Norway with the term of validity limited to the duration of the validity of their authorisation for legal residence.

 

d) business people and representatives of business organisations who regularly travel to the Kingdom of Norway;

e) journalists.

2. Diplomatic missions and consular posts of the Kingdom of Norway shall issue multiple-entry visas with the term of validity of up to one year to the following categories of the citizens of Ukraine, provided that during the previous year they have obtained at least one visa, have made use of it in accordance with the laws on entry and stay of the Kingdom of Norway and that there are reasons for requesting a multiple-entry visa:

a) drivers conducting international cargo and passenger transportation services to the territory of the Kingdom of Norway in vehicles registered in Ukraine;

b) members of train, refrigerator and locomotive crews in international trains, travelling to the territories of the Kingdom of Norway;

c) persons participating in scientific, cultural and artistic activities, including university and other exchange programmes, who regularly travel to the Kingdom of Norway;

d) participants in international sports events and persons accompanying them in a professional capacity;

e) participants in official exchange programmes organized by twin cities.

 

3. Diplomatic missions and consular posts of the Kingdom of Norway shall issue multiple-entry visas with the term of validity of a minimum of 2 years and a maximum of 5 years to the categories of persons referred to in paragraph 2 of this Article, provided that during the previous two years they have made use of the one year multiple-entry visas in accordance with the laws on entry and stay of the Kingdom of Norway and that the reasons for requesting a multiple-entry visa are still valid.

4. The total period of stay of persons referred to in paragraphs 1 to 3 of this Article shall not exceed 90 days per period of 180 days in the territory of the Kingdom of Norway and any other Schengen Member State.

Article 6
Fees for processing visa applications

1.The fee for processing visa applications of Ukrainian citizens shall amount to 35 €.

The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 13(4).

2. If Ukraine would reintroduce the visa requirement for Norwegian citizens the visa fee to be charged by Ukraine shall not be higher than 35 € or the amount reviewed and agreed on in the Agreement between Ukraine and the European Community on the facilitation of issuance of visas.

3. The Kingdom of Norway shall charge a fee of 70 € for processing visas in cases where the visa application and the supporting documents have been submitted by the visa applicant within three days before his/her envisaged date of departure. This will not apply to cases pursuant to Article 6(4)(b),(c),(e),(f),(j),(k),(n) and Article 7(3). For categories mentioned in Article 6(4)(a),(d),(g),(h),(i),(l) to (m), the fee in urgent cases is the same as provided for in Article 6(1).

4. Fees for processing the visa application are waived for the following categories of persons:

a) for close relatives – spouses, children (including adopted) parents (including custodians), grandparents and grandchildren of citizens of Ukraine legally residing in the territory of the Kingdom of Norway;

b) for members of official delegations who, following an official invitation addressed to Ukraine, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of the Kingdom of Norway by intergovernmental organisations;

c) members of national and regional Governments and Parliaments, Constitutional and Supreme Courts, in case they are not exempted from the visa requirement by the present Agreement;

d) pupils, students, post-graduate students and accompanying teachers who undertake trips for the purpose of study or educational training;

e) disabled persons and the person accompanying them, if necessary;

f) persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment and the person accompanying such persons, or to attend a funeral of a close relative, or to visit a close relative seriously ill;

g) participants in international sports events and persons accompanying them;

h) persons participating in scientific, cultural and artistic activities including university and other exchange programmes;

i) participants in official exchange programmes organised by twin cities;

j) journalists;

k) pensioners;

l) drivers conducting international cargo and passenger transportation services to the territory of the Kingdom of Norway in vehicles registered in Ukraine;

m) members of train, refrigerator and locomotive crews in international trains, travelling to the territory of the Kingdom of Norway;

n) children under the age of 18 and dependant children under the age of 21.

 

Article 7
Length of procedures for processing visa applications

1. Diplomatic missions and consular posts of the Kingdom of Norway shall take a decision on the request to issue a visa within 10 calendar days of the date of the receipt of the application and documents required for issuing the visa.

2. The period of time for taking a decision on a visa application may be extended up to 30 calendar days in individual cases, notably when further scrutiny of the application is needed.

3. The period of time for taking a decision on a visa application may be reduced to 2 working days or less in urgent cases.

Article 8
Departure in case of lost or stolen documents

Citizens of the Kingdom of Norway and of Ukraine who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of the Kingdom of Norway or Ukraine, may leave that territory on the grounds of valid identity documents entitling to cross the border issued by diplomatic missions or consular posts of The Kingdom of Norway or Ukraine without any visa or other authorisation.

Article 9
Extension of visa in exceptional circumstances

The citizens of Ukraine who do not have the possibility to leave the territory of the Kingdom of Norway by the time stated in their visas for reasons of force majeure shall have the term of their visas extended free of charge in accordance with the legislation applied by the Kingdom of Norway for the period required for their return to the State of their residence.

Article 10
Diplomatic passports

1 Citizens of Ukraine, holders of valid diplomatic passports can enter, leave and transit through the territory of the Kingdom of Norway without visas.

2. The total period of stay of citizens mentioned in paragraph 1 of this Article shall not exceed 90 days per period of 180 days in the territory of Norway and other Schengen Member States.

Article 11
Territorial validity of visas

Subject to the national rules and regulations concerning national security of the Kingdom of Norway, the citizens of Ukraine shall be entitled to travel within the territory of Norway on equal basis with Norwegian citizens.

Article 12
Monitoring of the Agreement

Representatives of the Contracting Parties shall meet whenever necessary at the request of one of the Contracting Parties to discuss the implementation of this Agreement, and if deemed necessary, propose amendments to this Agreement, in particular in the light of changes to the Agreement between Ukraine and the European Community on the facilitation of issuance of visas.

Article 13
Final clauses

    1. This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties notify each other that their internal procedures necessary for the entry into force of this Agreement have been completed.

    2. By way of derogation to paragraph 1 of this Article, the present Agreement shall only enter into force at the date of the entry into force of the Agreement between the Government of the Kingdom of Norway and the Cabinet of Ministers of Ukraine on readmission of persons if this date is after the date provided for in paragraph 1 of this Article.

    3. This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 6 of this Article.

    4. This Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force after the Contracting Parties have notified each other of the completion of their internal procedures necessary for this purpose.

    5. Each Contracting Party may suspend in whole or in part this Agreement for reasons of public order, protection of national security or protection of public health. The decision on suspension shall be notified to the other Contracting Party not later than 48 hours before its entry into force. The Contracting Party that has suspended the application of this Agreement shall immediately inform the other Contracting Party once the reasons for the suspension no longer apply.

    6. Each Contracting Party may terminate this Agreement by giving written notice to the other Contracting Party. This Agreement shall cease to be in force 90 days after the date of such notification is received.

Done in Oslo on 13 February 2008 in duplicate each in the Norwegian, Ukrainian and English languages, each of these texts being equally authentic. In case of divergences, the English text shall prevail.

DECLARATION OF THE KINGDOM OF NORWAY ON ISSUANCE OF SHORT-STAY VISAS FOR VISITS OF MILITARY AND CIVIL BURIALS GROUNDS

Diplomatic missions and consular posts of the Kingdom of Norway shall, as a general rule, issue short-stay visas for a period of up to 14 days for persons visiting military and civil burial grounds.

DECLARATION BY THE KINGDOM OF NORWAY ON THE SCHENGEN ACQUIS

The Government of the Kingdom of Norway, being a Party to the Agreement concluded by the Council of the European Union and Iceland and Norway concerning the latter's association with the implementation, application and development of the Schengen acquis of 18 May 1999, declares that visa issued by the Norwegian Party in accordance with the present bilateral Agreement, will be issued in accordance with Norwegian obligations derived from the said Agreement of 18 May 1999.

Utlendingsdirektoratet
Norwegian Directorate
of Immigration

Postboks 8108 Dep
N-0032 Oslo
Phone: + 47 23 35 15 00

Editor in Chief: Stephan Mo
Kontakt nettredaksjonen