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July 09, 2002

The Republic of the Philippines and the Swiss Confederation (hereinafter named the "Contracting Parties")

Wishing to maintain and strengthen the spirit of solidarity and cooperation between them,

Determined to take measures against illegal migration,

Desirous of facilitating the re-admission of persons whose stay has not been authorized,

Have agreed as follows:

ARTICLE 1
PRINCIPLE OF RE-ADMISSION

(1) Each Contracting Party shall re-admit, at the request of the other Contracting Party, any person who does not meet, or who no longer fulfills, the requirements for entry or residence in the territory of the requesting Contracting Party, provided that it is proved or can be reasonably presumed that he or she possesses the citizenship of the requested Contracting Party.

(2) Upon application by the requesting Contracting Party, the requested Contracting Party shall, without delay, issue the person to be re-admitted the travel document required for his or her repatriation.

(3) The requesting Contracting Party shall re-admit such person again to its own territory under the same conditions, if it is later determined that he or she did not in fact possess the citizenship of the requested Contracting Party when he or she left the territory of the requesting Contracting Party.

ARTICLE 2
PROOF OF CITIZENSHIP

Citizenship shall be proved by presenting a valid passport or a valid national identity card. If either of these documents is presented, the authorities of the requested Contracting Party shall recognize the person's citizenship and no further examination shall be required.

ARTICLE 3
PRESUMPTION OF CITIZENSHIP

(1) Citizenship may be presumed by the presentation of any of the following:

(a) either of the documents mentioned in Article 2 the validity of which has expired as of the date of receipt of the application for re-admission;

(b) identity card proving membership in the Swiss Army or the Philippine Armed Forces;

(c) driving licence;

(d) birth certificate; or

(e) seaman's registration book.

In this case, citizenship is presumed provided the requested Contracting Party has not contested it.

(2) The presumption of citizenship may also be corroborated by:

(a) photocopies of any of the above-mentioned documents;

(b) the protocol of the hearing held according to Article 4 with the person concerned, duly recorded by the authorities concerned of the requesting Contracting Party;

(c) statements of witnesses;

(d) particulars supplied by the person concerned; or

(e) the language of the person concerned.

ARTICLE 4
HEARINGS AND OTHER MEANS OF PROVING OR PRESUMING CITIZENSHIP

1) If the person's citizenship cannot be proved or reasonably presumed on the basis of the documents presented, the diplomatic representation or consular mission of the requested Contracting Party shall, upon the request of the requesting Contracting Party, conduct a hearing on the person concerned without delay.

(2) If the citizenship of the person concerned is established or reasonably presumed during the hearings conducted by the diplomatic representation or consular mission of the requested Contracting Party, the diplomatic representation or consular mission shall immediately issue a travel document.

(3) If the Central Authority of the requested Contracting Party considers it necessary and the requesting Contracting Party so desires, experts may be appointed to conduct hearings with the aim of establishing the person's citizenship. If the citizenship can be reasonably presumed as a result, the requested Contracting Party's diplomatic representation or consular mission shall immediately issue a travel document.

ARTICLE 5
SUBMISSION OF A RE-ADMISSION APPLICATION

(1) A re-admission application shall be in writing and shall include the following information about the person concerned:

(a) first and family names, maiden name if appropriate;

(b) sex;

(c) date and place of birth;

(d) citizenship;

(e) last known address in the requested Contracting Party; and

(f) type, serial number, duration of validity of the passport or other travel document as well as particulars of the issuing authority, if available. A photocopy of the said document shall also be provided, if available.

(2) If the person concerned needs medical assistance, a description of his or her state of health and of the required medical treatment shall be provided.

ARTICLE 6
TIME-LIMITS

(1) The requested Contracting Party shall reply to a re-admission application within thirty (30) calendar days from receipt thereof.

(2) The requested Contracting Party shall within thirty (30) calendar days re-admit to its territory anyone whose re-admission has been approved. Upon request, this time-limit may be extended as necessary to deal with legal requirements or practical difficulties.

ARTICLE 7
DATA PROTECTION

1) Personal data communicated in relation to the re-admission of persons shall concern only the following:

(a) the particulars of the person to be transferred and, where necessary, of members of the person's family (name, first name, any previous names, nicknames or pseudonyms, aliases, date and place of birth, sex, current and any previous citizenship);

(b) passport, national identity card, other identity card and travel document (number, period of validity, date and place of issue, issuing authority);

(c) other details such as fingerprints and photographs which are needed to identify the person to be transferred, or to determine whether the conditions for re-admission under this Agreement have been met; and

(d) transit points and itineraries.

2) Personal data communicated pursuant to this Agreement, shall be collected, treated and protected according to national and international law. In particular, the following principles shall be observed:

(a) The recipient Contracting Party shall use the data only for purposes stated in this Agreement and under the conditions set by the Contracting Party providing the data.

(b) Upon request, the recipient Contracting Party shall inform the Contracting Party providing the data on the intended use.

(c) Personal data shall only be provided to and used by the authorities concerned responsible for implementing this Agreement. The data provided under this Agreement shall not be communicated to other bodies without the prior written consent of the Contracting Party providing them.

(d) The Contracting Party providing the data shall ensure that they are accurate, necessary and do not exceed the requirements of the purposes for which they are provided. The Contracting Party providing the data shall observe any restrictions under its own law regarding the communication of data. If the data are inaccurate or have been communicated illegally, the recipient Contracting Party shall be informed of this immediately and shall correct or destroy the data.

(e) Upon request, the person concerned shall be informed about the communication of any data relating to himself or herself as well as the intended use thereof, in accordance with the national law of the Contracting Party from which the information is requested.

(f) Personal data shall only be stored for as long as it is required for the purposes for which they were provided. Each Contracting Party shall entrust the data to an appropriate body with independent control of the processing and use.

(g) Each Contracting Party shall protect personal data against unauthorized access, alteration or disclosure. Data shall be given protection at least equal to that which is accorded to data of the same nature under the law of the requesting Contracting Party.

ARTICLE 8
COSTS

All transport costs incurred in connection with re-admission from the territory of the requesting Contracting Party to the territory of the requested Contracting Party shall be borne by the requesting Contracting Party.

ARTICLE 9
IMPLEMENTING PROVISIONS

(1) Within thirty (30) days after the signing of this Agreement, the Contracting Parties shall notify each other of the Central Authority responsible for the implementation of this Agreement and its address and provide a list of entry and exit points where re-admission will be carried out.

(2) The Contracting Parties shall immediately notify each other of the change of the Central Authority and its address as well as of the entry and exit points.

ARTICLE 10
TERMS FOR GOOD COOPERATION

(1) The Contracting Parties shall support each other in applying and interpreting this Agreement. Any dispute arising out of the interpretation, application or implementation of this Agreement shall be settled through consultations, orally or in writing, between the authorities concerned of the Contracting Parties or through diplomatic channels.

(2) The Contracting Parties shall assist each other in the verification of the citizenship of persons due to leave the country in order to facilitate the procedures under this Agreement.

ARTICLE 11
OTHER OBLIGATIONS UNDER INTERNATIONAL LAW

This Agreement shall not affect other obligations of the Contracting Parties under international law.

ARTICLE 12
APPLICATION TO THE PRINCIPALITY OF LIECHTENSTEIN

This Agreement shall also apply to the territory of the Principality of Liechtenstein and to its citizens.

ARTICLE 13
SUSPENSION

Each Contracting Party, after consulting the other Contracting Party, may suspend, totally or partially, the provisions of this Agreement for reasons of public order, public health or security. The suspension shall be notified immediately in writing to the other Contracting Party. Total or partial suspension of the provisions of this Agreement shall take effect thirty (30) calendar days after the date of receipt by the other Contracting Party of the notice of suspension.

ARTICLE 14
TERMINATION

This Agreement shall remain in full force and effect unless one Contracting Party officially notifies the other Contracting Party, through diplomatic channels, of its desire to terminate this Agreement. Termination of this Agreement shall take effect six (6) months after the date of receipt by the other Contracting Party of the notice of termination.

ARTICLE 15
ENTRY INTO FORCE

This Agreement shall enter into force on the date of the latter notification by the Contracting Parties indicating compliance with their domestic requirements.

Done at Manila on 9 July 2002 in duplicate in the English and German Languages, both texts being equally authentic.

On behalf of the	On behalf of the
Republic of the Philippines	Swiss Confederation
(Sgd.)	(Sgd.)

Entry into Force: February 25, 2003