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Republic of Latvia STATE BORDER GUARD STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

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Page 1: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

IMMIGRATION SERVICE, STATE BORDER GUARD

OF THE REPUBLIC OF LATVIA

Page 2: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

SLOVENIA

NORWAYNORWAY

SWEDENSWEDEN

FINLANDFINLAND

DENMARKDENMARK

POLANDGERMANYGERMANY

HOLLANDHOLLAND

UNITEDKINGDOM

IRELAND

BELGIUMBELGIUM

FRANCEFRANCE

LUXEMBOURGLUXEMBOURG

CZECH. REP.

AUSTRIAAUSTRIA

SLOVAK REP..

SWITZERLANDSWITZERLAND

BOSNIA -BOSNIA - HERCEGOVINAHERCEGOVINA

ITALYITALY SMN

HUNGARY

MACEDONIAMACEDONIA

ALBANIAALBANIA

ROMANIA

BULGARIA

GREECEGREECE TURKEY

UKRAINEUKRAINE

MOLDAVIAMOLDAVIA

BELOBELORUSSIARUSSIA

RUSSIARUSSIA

RUSSIARUSSIA

LITHUANIA

LATVIA

ESTONIA

SPAINSPAIN

PORTUGALPORTUGAL

ICELANDICELAND

CUPRYSMALTA

CROATIACROATIA

NORTHIRELAND.

• Area

64 600 sq. km64 600 sq. km• Population

2.4 million2.4 million• Capital

RigaRiga• Republic of Latvia:

437 km437 km- EU’s external land border

498 km - EU’s external sea border

931 km931 km- EU’s internal border

Total length -Total length -1866 km1866 km

Page 3: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

INTERNATIONAL LEGAL ACTSINTERNATIONAL LEGAL ACTS

State Border Guard performs its tasks in accordance with the EU legal acts: EU Treaty; Schengen Agreement and Schengen Convention; Dublin Convention and Dublin Regulation (EC) 343/2003; Regulations (Border Code, FRONTEX); Directives; Decisions (Common Consular Instruction, etc.)

as well as pursuant to generalization of the EU’s best practices in border control and protection – Schengen Catalog.

Page 4: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

NATIONAL LEGISLATIVE ACTSNATIONAL LEGISLATIVE ACTS Law on State Border of the Republic of Latvia Law on the State Border Guard Immigration Law Law on Asylum Code of Administrative Offenses of the Republic of Latvia Law on Administrative Procedure Law on Criminal Proceedings Criminal Law Law on Labor

In accordance with these laws, the Rules of the Cabinet of Ministers of the Republic of Latvia have been passed, which are binding on the SBG.

Page 5: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

Latvia’s readmission agreements with the Schengen Agreement/EU countries:

Hungary

Portugal

Finland

Germany

Sweden

Romania

Bulgaria

Switzerland

Estonia

Norway

EU’s readmission agreements with third countries:

Albania

Macao

Hong Kong

Serbia

Sri Lanka

Russia

Moldova

Montenegro

IMMIGRATION SERVICE IS AN INSTITUTION RESPONSIBLE FOR IMPLEMENTATION OF READMISSION AGREEMENTS

Slovenia

Poland

Croatia

Armenia

Liechtenstein

Ukraine

Uzbekistan

Georgia

Latvia’s readmission agreements with third countries:

Macedonia

Bosnia

Ukraine

Austria

Belgium

Denmark

France

Greece

Lithuania

Spain

Italy

Luxembourg

Netherlands

Page 6: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

READMISSION ASPECTS

The Latvian party’s conclusions within the Söderköping Process framework in 2006-2008 on readmission procedures. To secure respect of human rights it is necessary to improve return procedures according to the readmission agreements between the EU and third countries. Practical implementation of a EU’s readmission agreement with a third country requires additional legal measures (protocol on compliance with the EU Treaty between the specific EU Member State and the third country).

Page 7: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

Institutions responsible for migration control and securing migration policy in the Republic of Latvia

State Border Guard

Office of Citizenship and Migration Affairs, Ministry of Interior

Consular Department, Ministry of Foreign Affairs

Diplomatic and consular missions of the Republic of Latvia

These institutions ensure an organized character of migration, guarantee the right of asylum, and implement migration policy according to EU regulations.

Page 8: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

Working to strengthen border security and improve aliens control within the State:

1994–1995 – an information and technical system for border control at the Border Guard established1994 – protocol signed between the governments of the Republic of Latvia and the Russian Federation on establishment of a Joint Latvian-Russian Working Group for border issues1997 – border guard became a professional unit within the Ministry of Interior1997–1999 – agreement signed with Lithuania and Estonia to use the parties’ databases for border control at joint border control posts2000- Expert Examination Center of the Latvian Border Guard created2002 – immigration control service within the border guard established to deal with aliens control throughout the Latvian territory; its staff structure reinforced, personnel increased, and its technical and legal framework strengthened2002 – Border College created to provide officer and inspector staff2003 – Latvian Government developed and approved a strategy for integrated management of state border security; Council for Integrated Border Security established, chaired by the Minister of Interior2003 – governmental instruction approved for organization of cooperation among the Border Guard, State Police, Customs, and Border Sanitary Inspectorate

Page 9: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

2004 – independent institute of border representatives (full-time staff positions) created in the Latvian Border Guard2005 – Border Guard’s Criminal Research Service reinforced, and possibility of using special methods of investigation provided2006 - protocol signed between the governments of the Republic of Latvia and the Russian Federation on establishment of a Joint Latvian-Russian Working Group for migration 2006-2007 - Schengen evaluation and practical implementation of recommendations1 Sep 2007 – connection to the Schengen Information System (SIS)21 Dec 2007 - border control on internal borders abolished, Schengen requirements introduced in full, and contact points on internal EU borders established30 Mar 2008 - border control in airports abolished

Page 10: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

PoliceCustoms

Sanitary Inspectorate

Foreigners’ illegal entry, exit and stay

Support for and supervision over regime on BCS, border stripe and border area

Foreigners’ illegal entry, exit and stay

Support for and supervision over regime on BCS, border stripe and border area

Human smuggling

Trafficking in drugs, firearms, and other prohibited items

Illegal delivery of transport means across the border

Detention of wanted persons

Human smuggling

Trafficking in drugs, firearms, and other prohibited items

Illegal delivery of transport means across the border

Detention of wanted persons

Illegal delivery of goods, weapons, drugs and other prohibited items across the border

Illegal delivery of goods, weapons, drugs and other prohibited items across the border

Violation of the rules of cross-border movement of food and animals subject to sanitary inspection

Violation of the rules of cross-border movement of food and animals subject to sanitary inspection

Participatory risk analysis

Participatory risk analysis

Cooperation in risk analysisCooperation in risk analysisSBG

Page 11: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

PREVENTIVE MEASURES TO RESTRICT ILLEGAL IMMIGRATION:PREVENTIVE MEASURES TO RESTRICT ILLEGAL IMMIGRATION:

holding administratively liable annulling foreigners’ visas according to Immigration Law follow-up on orders for voluntary departure from the country detention of foreigners for staying in the country illegally, and supervision in special centers making and executing a decision on forced expulsion of a foreigner from the country extending the detention period by district courts to execute forced expulsion decisions putting a foreigner on the list of persons banned to enter Latvia or Schengen countries

SBG CONDUCTS CRIMINAL RESEARCH ACTIVITIES IN THE FOLLOWING AREAS:SBG CONDUCTS CRIMINAL RESEARCH ACTIVITIES IN THE FOLLOWING AREAS:

repeated illegal crossing of the state border during a year human smuggling across the state border person concealment when or after crossing the state border by a person who lost legal grounds to stay in the Republic of Latvia assisting in illegal stay of persons in the Latvian territory using a false or stolen document or seal if committed when or after crossing the state border by a person who lost legal grounds to stay in the country

Page 12: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

Results from 2006 through September 2008 achieved due to Results from 2006 through September 2008 achieved due to involvement in the Söderköping Processinvolvement in the Söderköping Process

On immigration issuesOn immigration issues SBG representation in various courts on immigration, administrative and criminal cases greatly increased

Cooperation and interaction improved between state institutions and public organizations

Legislation meeting international standards adopted

Active cooperation on information/experience exchange with Schengen states and third countries (systematic meetings on various levels with representatives of Russia, Belarus, Ukraine, Moldova, and other countries)

Page 13: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

On asylumOn asylum Securing transparent asylum proceduresSecuring transparent asylum procedures Providing competent legal counseling by state legal assistance agents and Providing competent legal counseling by state legal assistance agents and public organizations to apply to appellate institutionspublic organizations to apply to appellate institutions

On expulsionOn expulsion Endorsement of projects for financing, reconstruction and building of Endorsement of projects for financing, reconstruction and building of accommodation centers for detained aliensaccommodation centers for detained aliens Conclusion of international agreementsConclusion of international agreements Observance of human rights, improving the return procedure as per readmission agreements between the EU and third countries Improving practical implementation of readmission agreements through additional legal measures (signing implementing protocols between individual countries) Taking part in joint flights organized by FRONTEX for expulsion and in special training courses

Page 14: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

Contribution made within the SContribution made within the Sööderkderkööping Process ping Process frameworkframework

Organizing a visit by Söderköping Process participants öderköping Process participants to OLAINE accommodation center for detained alines (Riga, 22-23 May 2008)

Organizing a visit to MUCENIEKI accommodation center for asylum seekers

Page 15: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

Representation of the State Border Guard in various levels of immigration courts

8 0

93

1 06

0

20

40

60

80

1 00

1 20

2006 20 07 2 008 (6 m )

Page 16: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

DETAINED FOR ILLEGAL BORDER CROSSING AND BREACH OF THE DETAINED FOR ILLEGAL BORDER CROSSING AND BREACH OF THE PROCEDURE OF ENTRY AND STAY IN THE REPUBLIC OF LATVIA (Article PROCEDURE OF ENTRY AND STAY IN THE REPUBLIC OF LATVIA (Article

51, Immigration Law)51, Immigration Law)

56

0

39

9

30

7

23

8 24

7

13

7

0

100

200

300

400

500

600

2 0 0 3 2 0 0 4 2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 (6 m)

Page 17: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

Nationality of detaineesNationality of detainees

73

64

2628

32

18

45

70

12 1015

1

35

8 10

0

10

20

30

40

50

60

70

80

Russia Ukraine Moldova Belarus stateless

2006

2007

2008 (6m)

Page 18: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

18

466

233 190139 155

92

0

50

100

150

200

250

300

350

400

450

500

2003 2004 2005 2006 2007 2008 (6m)

Number of expelled personsNumber of expelled persons

Republic of LatviaSTATE BORDER GUARDSTATE BORDER GUARD

Page 19: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

19

39

34

18

42

56

12

20 2019

6 7

0

5

1 00

10

20

30

40

50

60

Russia Moldova Ukraine Belarus Azerbaijan

2006

2007

2008 (6 m)

Republic of LatviaSTATE BORDER GUARDSTATE BORDER GUARD

Nationality of persons expelledNationality of persons expelled

Page 20: Republic of Latvia STATE BORDER GUARD IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

Republic of Latvia

STATE BORDER GUARDSTATE BORDER GUARD

20

5 7

20

8

34

11

0

5

10

15

20

25

30

35

2003 2004 2005 2006 2007 2008(6m)

Number of asylum seekers in Latvia

Republic of LatviaSTATE BORDER GUARDSTATE BORDER GUARD