Immigration Services for State Border Control in Latvia

1. IMMIGRATION SERVICE, STATE BORDER GUARD OF THE REPUBLIC OF LATVIA

2. Area • 64 600 sq. km • Population • 2.4 million • Capital • Riga • Republic of Latvia: • 437 km- EU’s external land border • 498 km • - EU’s external sea border • 931 km • - EU’s internal border • Total length -1866 km ICELAND FINLAND NORWAY RUSSIA SWEDEN ESTONIA NORTH IRELAND. LATVIA DENMARK IRELAND LITHUANIA UNITED RUSSIA KINGDOM BELO RUSSIA HOLLAND GERMANY POLAND BELGIUM LUXEMBOURG UKRAINE CZECH. REP. SLOVAK REP. FRANCE MOLDAVIA SWITZERLAND AUSTRIA HUNGARY SLOVENIA ROMANIA CROATIA BOSNIA - HERCEGOVINA PORTUGAL SMN ITALY SPAIN BULGARIA MACEDONIA ALBANIA TURKEY GREECE CUPRYS MALTA

3. INTERNATIONAL 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.

4. NATIONAL 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.

5. IMMIGRATION SERVICE IS AN INSTITUTION RESPONSIBLE FOR IMPLEMENTATION OF READMISSION AGREEMENTS Latvia’s readmission agreements with the Schengen Agreement/EU countries: • Austria • Belgium • Denmark • France • Greece • Lithuania • Spain • Italy • Luxembourg • Netherlands • Hungary • Portugal • Finland • Germany • Sweden • Romania • Bulgaria • Switzerland • Estonia • Norway • Slovenia • Poland Latvia’s readmission agreements with third countries: EU’s readmission agreements with third countries: • Albania • Macao • Hong Kong • Serbia • Sri Lanka • Russia • Moldova • Montenegro • Macedonia • Bosnia • Ukraine • Croatia • Armenia • Liechtenstein • Ukraine • Uzbekistan • Georgia

6. 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).

7. 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.

8. 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 established 1994 – 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 issues 1997 – border guard became a professional unit within the Ministry of Interior 1997–1999 – agreement signed with Lithuania and Estonia to use the parties’ databases for border control at joint border control posts 2000- Expert Examination Center of the Latvian Border Guard created 2002 – 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 strengthened 2002 – Border College created to provide officer and inspector staff 2003 – 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 Interior 2003 –governmental instruction approved for organization of cooperation among the Border Guard, State Police, Customs, and Border Sanitary Inspectorate

9. 2004 – independent institute of border representatives (full-time staff positions) created in the Latvian Border Guard 2005 – Border Guard’s Criminal Research Service reinforced, and possibility of using special methods of investigation provided 2006 - 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 recommendations 1 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 established 30 Mar 2008- border control in airports abolished

10. Cooperation in risk analysis SBG Police Customs Sanitary Inspectorate • 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 • 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 Participatory risk analysis

11. 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: • 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

12. Results from 2006 through September 2008 achieved due to involvement in the Söderköping Process • On 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)

13. On asylum • Securing transparent asylum procedures • Providing competent legal counseling by state legal assistance agents and public organizations to apply to appellate institutions • On expulsion • Endorsement of projects for financing, reconstruction and building of accommodation centers for detained aliens • Conclusion 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

14. Contribution made within the Söderköping Process framework • Organizing a visit by Söderköping Process participants to OLAINE accommodation center for detained alines (Riga, 22-23 May 2008) • Organizing a visit to MUCENIEKI accommodation center for asylum seekers

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

16. DETAINED FOR ILLEGAL BORDER CROSSING AND BREACH OF THE PROCEDURE OF ENTRY AND STAY IN THE REPUBLIC OF LATVIA (Article 51, Immigration Law)

17. Nationality of detainees

18. Republic of Latvia STATE BORDER GUARD Number of expelled persons 18

19. Republic of Latvia STATE BORDER GUARD Nationality of persons expelled 19

20. Republic of Latvia STATE BORDER GUARD Number of asylum seekers in Latvia 20