A G R E E M E N T

 BETWEEN THE REPUBLIC OF ARMENIA AND THE SWISS CONFEDERATION ON THE FACILITATION OF THE ISSUANCE OF VISAS

THE REPUBLIC OF ARMENIA, hereinafter referred to as “Armenia”,

and

THE SWISS CONFEDERATION, hereinafter referred to as “Switzerland”

hereinafter referred to as “the Parties”,

DESIRING to facilitate people-to people contacts as an important condition for the steady development of economic, humanitarian, cultural, scientific and other ties by facilitating the issuance of visas to citizens of Armenia,

REAFFIRMING the intention to take gradual steps towards a visa-free travel regime for their citizens in due course, provided that conditions for well-managed and secure mobility are in place,

BEARING IN MIND that, as from 10 January 2013, the citizens of Switzerland are exempted from the visa requirement when travelling to Armenia for a period of time not exceeding 90 days or transiting through the territory of Armenia,

RECOGNISING that visa facilitation should not lead to illegal migration and paying special attention to security and readmission,

CONSIDERING the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, signed on 26 October 2004, which was implemented on 12 December 2008 (hereinafter “the Schengen Association Agreement”);

CONSIDERING the Agreement between the Republic of Armenia and the European Union on the facilitation of the issuance of visa, signed on 17 December 2012, which entered into force on 1 January 2014, and the Joint Declaration concerning Iceland, Norway, Switzerland and Liechtenstein thereto;

CONSIDERING the Agreement between the Government of the Republic of Armenia and the Swiss Federal Council on abolition of visa requirements with respect to diplomatic passport holders, signed on 10 November 2009, which entered into force on 25 February 2010 (hereinafter “the Bilateral Visa Agreement of 2009”),

HAVE AGREED AS FOLLOWS:

ARTICLE 1

Purpose and scope of application

1. The purpose of this Agreement is to facilitate the issuance of visas for an intended stay in Switzerland of no more than 90 days per period of 180 days to the citizens of Armenia.

2. If Armenia reintroduces the visa requirements for the citizens of Switzerland or certain categories of them, the same facilitation granted under this Agreement to the citizens of Armenia would automatically, on the basis of reciprocity, apply to the citizens of Switzerland concerned.

ARTICLE 2

General clause

1. The visa facilitation provided in this Agreement shall apply to citizens of Armenia only insofar as they are not exempted from the visa requirement by the national legislation of Switzerland, this Agreement or other international treaties.

2. The national legislation of Switzerland or Armenia 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 purposes of this Agreement:

(a) ‘citizen of Switzerland’ shall mean any person who holds the citizenship of Switzerland in accordance with its national legislation;

(b) ‘citizen of Armenia’ shall mean any person who holds the citizenship of Armenia in accordance with its national legislation;

(c) ‘visa’ shall mean an authorisation issued by Switzerland with a view to transiting through or an intended stay in the territory of Switzerland or any other Schengen Member state of a duration of no more than 90 days in any 180-day period in the territory of Switzerland or any other Schengen Member State;

(d) ‘legally residing person’ shall mean a citizen of Armenia autorised or entitled to stay for more than 90 days in the territory of Switzerland in accordance with national legislation;

(e) ‘Schengen Member State’ shall mean any State applying all provisions of the Schengen acquis concerning border crossing and visa within the meaning of the Schengen Association Agreement.

ARTICLE 4

Documentary evidence regarding the purpose of the journey

1. For the following categories of citizens of Armenia, the following documents are sufficient for justifying the purpose of the journey to Switzerland:

(a) for close relatives - spouses, children (including adopted), parents (including custodians), grandparents, grandchildren- visiting citizens of Switzerland or citizens of Armenia legally residing in the territory of Switzerland:

- a written request from the host person;

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

- a letter issued by a competent authority of Armenia confirming that the applicant is a member of its delegation travelling to the territory of Switzerland to participate in the aforementioned events, accompanied by a copy of the official invitation;

(c) for pupils, students, post-graduate persons 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 or enrolment from the host university, college or school or student cards or certificates of the courses to be attended;

(d) for persons travelling for medical reasons and necessary accompanying persons:

- an official document of the medical institution conforming necessity of medical care in this institution, the necessity of being accompanied and proof of sufficient financial means to pay for the medical treatment;

(e) for journalists and technical crew accompanying them in a professional capacity:

- a certificate or other document issued by a professional organisation or the applicant’s employer proving that the person concerned is a qualified journalist and stating that the purpose of the journey is to carry out journalistic work or proving that he/she is a member of the technical crew accompanying the journalist in a professional capacity;

(f) for participants in international sport events and persons accompanying them in a professional capacity:

- a written request from the host organisation, competent authorities, national sport federations or national Olympic committee of Switzerland;

(g) for business people and representatives of business organisations:

- a written request from the host legal person or company, organisation or an office or a breach of such legal person or company, state or local authorities of Switzerland or organising committees or trade and industrial exhibitions, conferences and symposia held in the territory of Switzerland, endorsed by the competent authorities of Armenia in accordance with their national legislation;

(h) for members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events:

- a written request from the host organisation confirming that the person concerned is participating in the event;

(i) for representatives of civil society organisations and persons invited by Armenian community non-profit organisations registered in Switzerland when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes or Pan-Armenian and community support programmes:

- a written request issued by the host organisation, a confirmation that the person is representing the civil society organisation or participating in Pan-Armenian or community support activities and the certificate on establishment of the civil society organisation from the relevant register issued by a state authority of Armenia in accordance with the national legislation;

(j) for persons participating in scientific, academic, cultural or artistic activities, including university and other exchange programmes:

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

(k) for drivers conducting international cargo and passenger transportation services to the territory of Switzerland in vehicles registered in Armenia;

- a written request from the national association (union) of carriers of Armenia providing for international road transportation, stating the purpose, itinerary, duration and frequency of the trips;

(l) for participants of the official exchange programmes organised by twin cities and other municipal entities:

- a written request of the Head of Administration/Mayor of these cities or municipal authorities;

(m) for visiting 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.

2. For the purposes of this Article the written request shall include the following items:

(a) for the invited person: name and surname, date of birth, sex, citizenship, passport number, time and purpose of the journey, number of entries and where relevant the name of the spouse and children accompanying the invited person;

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

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

- if the request is issued by an organisation or authority, 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 Switzerland, the Registration number as required by the national legislation of Switzerland.

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 national legislation of Switzerland.

ARTICLE 5

Issuance of multiple-entry visas

1. Diplomatic missions and consular posts of Switzerland shall issue multiple-entry visas with a term of validity of 5 years to the following categories of citizens of Armenia:

(a) spouses, children (including adopted), who are under the age of 21 or are dependent and parents (including custodians), visiting citizens of Switzerland or citizens of Armenia legally residing in the territory of Switzerland;

(b) members of national and regional government and of constitutional and supreme courts if they are not exempted from the visa requirement by this Agreement or the Bilateral Agreement of 2009 respectively, in the exercise of their duties;

(c) permanent members of official delegations who, following an official invitation addressed to Armenia, are to participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of Switzerland by intergovernmental organisations;

By way of derogation, where the need or the intention to travel frequently or regularly is manifestly to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period, in particular where:

- in the case of the persons referred to in point (a), the period of validity of the authorisation for legal residence of citizens of Armenia legally residing in Switzerland,

- in case of the persons referred to in point (b), the term of office,

- in the case of the persons referred to in point (c), the term of the validity of the status as a permanent member of an official delegation,

is less than five years.

2. Diplomatic missions and consular posts of Switzerland shall issue multiple- entry visas with the terms of validity of one year to the following categories of citizens of Armenia, provided that during the previous year they have obtained at least one visa and have made use of it in accordance with the national legislation on entry and stay in Switzerland or any other Schengen Member State:

(a) members of official delegations, who, following an official invitation addressed to Armenia, shall participate regularly in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of Switzerland by intergovernmental organisations;

(b) representatives of civil society organisations and persons invited by Armenian community non-profit organisations registered in Switzerland travelling regularly to Switzerland for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes or Pan-Armenian and community support programmes;

(c) members of the professions participating in international exhibitions, conferences, symposia, seminars or other similar events who regularly travel to Switzerland;

(d) persons participating in scientific, cultural or artistic activities, including university and other exchange programmes, who regularly travel to Switzerland;

(e) students and post-graduate persons who regularly travel for the purposes of study or educational training, including in the framework of exchange programmes;

(f) participants of the official exchange programmes organised by twin cities and other municipal entities;

(g) persons needing to visit regularly for medical reasons and necessary accompanying persons;

(h) journalists and technical crew accompanying them in a professional capacity;

(i) business people and representatives of business organisations who regularly travel to Switzerland;

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

(k) drivers conducting international cargo and passenger transportation services to the territory of Switzerland in vehicles registered in Armenia.

By the way of derogation from the first sentence, where the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, the term of validity of the multiple-entry visa shall be limited to that period.

3. Diplomatic missions and consular posts of Switzerland 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 citizens of Armenia referred to in paragraph 2 of this Article, provided that during the previous 2 years they have made use of the one year multiple-entry visas in accordance with the national legislation on entry and stay of Switzerland or any other Schengen Member unless the need or the intention to travel frequently or regularly is manifestly limited to a shorter period, in which case the term of validity of the multiple-entry visa shall be limited to that period.

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 Switzerland or any other Schengen Member State.

ARTICLE 6

Fees for processing visa applications

1. The fee for processing visa applications of citizens of Armenia shall amount to EUR 35.

The aforementioned amount may be reviewed in accordance with the procedure provided for in Article 14 (3).

2. If Armenia reintroduced the visa requirement for citizens of Switzerland or certain categories of them, the visa fee to be charged by Armenia shall not be higher than the amount provided for citizens of Armenia according to paragraph 1 of this Article.

3. Without prejudice to paragraph 4 of this Article, fees for processing the visa application are waived for the following categories of persons:

(a) pensioners,

(b) children under the age of 12;

(c) members of national and regional governments and of constitutional and supreme courts in case they are not exempted from the visa requirement by this Agreement or the Bilateral agreement of 2009 respectively;

(d) persons with disabilities and the persons accompanying them if necessary;

(e) close relatives - spouse, children (including adopted), parents (including custodians), grandparents or grandchildren- of citizens of Armenia legally residing in the territory of Switzerland;

(f) members of official delegation who, following an official invitation addressed to Armenia, shall participate in meetings, consultations, negotiations or exchange programmes, as well as in events held in the territory of Switzerland by intergovernmental organisations;

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

(h) journalists and technical crew accompanying them in a professional capacity;

(i) participants in international events and persons accompanying them in a professional capacity;

(j) representatives of civil society organizations and persons invited by the Armenian community non-profit organisations registered in Switzerland when undertaking trips for the purposes of educational training, seminars, conferences, including in the framework of exchange programmes of Pan-Armenian and community support programs;

(k) persons participating in scientific, academic, cultural or artistic activities, including university and other exchange programmes;

(l) 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 person, or to attend a funeral of a close relative or to visit a seriously ill close relative.

4. If Switzerland cooperates with an external service provider in view of issuing a visa the external service provider may charge a service fee. The fee shall be proportionate to the costs incurred by the external service provider while performing its tasks and shall not exceed EUR 30. Switzerland shall maintain the possibility for all applicants to lodge their applications directly at its consulates.

5. Due to the association of Switzerland to Schengen, the fees foreseen in paragraph 1 of this Article will be waived from the moment the European Union waives the corresponding fees as stipulated in the Agreement between the Republic of Armenia and the European Union on the facilitation of the issuance of visas of 17 December 2012.

ARTICLE 7

Length of procedures for processing visa applications

1. Diplomatic missions and consular posts of Switzerland 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.

4. If applicants are required to obtain an appointment for the lodging of an application, the appointment shall, as a rule, take place within a period of two weeks from the date when the appointment was requested. In justified cases of urgency, the diplomatic missions or consular posts may allow applicants to lodge their applications either without appointment, or an appointment shall be given immediately.

ARTICLE 8

Departure in case of lost or stolen documents

Citizens of Switzerland or Armenia who have lost their identity documents, or from whom these documents have been stolen while staying in the territory of Armenia or Switzerland, may leave the territory of Armenia or Switzerland on the basis of valid identity documents, entitling them to cross the border issued by diplomatic missions or consular posts of Switzerland or of Armenia without any visa or other authorisation.

ARTICLE 9

Extension of visa in exceptional circumstances

Citizens of Armenia who are not able to leave the territory of Switzerland by the time stated in their visas for reasons of force majeure or humanitarian reasons shall have the term of their visas extended free of charge in accordance with the national legislation of Switzerland for the period required for their return to the State of their residence.

ARTICLE 10

Diplomatic passports

1. Citizens of Armenia who are holders of valid diplomatic passports may enter, leave and transit through the territory of Switzerland without visas.

2. Persons referred in paragraph 1 of this Article may stay without visas in the territory of Switzerland or of another Schengen Member State for a period not exceeding 90 days per period of 180 days.

3. On the date of entry into force of this Agreement, the Bilateral Visa Agreement of 2009 will be applied in conformity with this Article.

ARTICLE 11

Meetings of experts

Representatives of the Parties shall meet whenever necessary at the request of one of the 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 the Republic of Armenia and the European Union on the facilitation of the issuance of visa of 17 December 2012.

ARTICLE 12

Relation of this Agreement with other bilateral Agreements between Switzerland and Armenia

As from its entry into force, this Agreement shall take precedence over provisions of any bilateral agreements or arrangement in force between Switzerland and Armenia, in so far as the provisions of the latter agreements or arrangements cover issues dealt with by this Agreement.

ARTICLE 13

Data protection

In so far as personal data are necessary in order to implement this Agreement, the data shall be processed and protected in accordance with the national legislation of Armenia and Switzerland and in accordance with the respective provisions of the international treaties to which the two States are parties.

ARTICLE 14

Final clauses

1. This Agreement shall be ratified or approved by the Parties in accordance with their respective internal procedures and shall enter into force on the first day of the second month following the date on which the Parties have notified each other that the procedures referred to above have been completed.

2. This Agreement is concluded for an indefinite period of time, unless terminated in accordance with paragraph 5 of this Article.

3. This Agreement may be amended by written agreement of the Parties. Amendments shall enter into force in accordance with paragraph 1 of this Article.

4. Each 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 Party not later than 48 hours before it becomes effective. The Party that has suspended the Agreement shall immediately inform the other Party once the reasons for the suspension no longer exist.

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

Done at Geneva on 29 February 2016, in duplicate, in the Armenian, German and English languages, each of these texts being equally authentic. In case of divergences, the English texts shall be used.

The Agreement has entered into force on 1 August 2016.