The Government of the Italian Republic
and the Government of the Kingdom of Morocco
(hereinafter referred as "The Contracting Parties")

- confirming their common concern to fight effectively against illegal immigration;
- wishing to facilitate the escorting to the border of undocumented citizens from the two Countries in a spirit of cooperation and on the basis of reciprocity, and committing to treat with dignity individuals deported from the other Contracting Party's territory, protecting their rights and interests;
- recalling the Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms;
- recalling the principles enshrined in the Convention on the Status of Refugees of 28 July 1951, as amended by the Protocol of 31 January 1967;
- recalling the principles enshrined in the Association Agreement between the Kingdom of Morocco and the European Union, and in the Declaration of Barcellona adopted by the Member States of the European Union and by the Twelve Mediterranean Countries on 28 November 1995;

have agreed as follows:

I - Escorting to the border of contracting
Parties' Nationals

Section 1
1. Each Contracting Party shall grant, upon request by the other Contracting Party and without any formality with the exception of those included in the Additional Protocol to the present Agreement, re-entry into its territory to any person who is not eligible for entry or who no longer meets the requirements for stay in force in the territory of the Requesting Contracting Party, if it is proven, through the identification procedure, that the above mentioned individual is a national of the Requested Contracting Party.
The Requesting Contracting Party, upon request by the other Contracting Party, on the same conditions and without formalities, with the exception of those included in the Additional Protocol to the present Agreement, shall allow re-entry into its territory to all individuals subject to escorting-to-the-border provisions, once ensuing controls have proven that such individuals are Requested Contracting Party's nationals at the time of their departure from the Requesting Contracting Party's territory.
The escorting to the border entails the direct contact between the central and border Authorities of the Contracting Parties, charged according to the procedures indicated in the Additional Protocol to the present Agreement.

Section 2
1. The deportation measures are enforced without issuing a pass when the subject possesses one of the following, valid or expired, documents:
for the Kingdom of Morocco:
- national identity card;
- passport;
for the Italian Republic:
- passport;
- identity card for Italian nationals;
- any other document which clearly proves possession of the Italian citizenship.

2. In absence of these documents, the area competent Consulate will issue a pass to those individuals whose citizenship has been ascertained, at the following conditions:
a) upon presentation of a document transmitted by the competent local Authorities such as, in particular, a photocopy of the passport or of the national identity card, an expired pass, the driving licence, the Consular registration card or any other document issued by the national Authorities of the Requested Party attesting the individual's identity and nationality.
Once the Consular Authorities have deemed that the above mentioned elements are probatory, they will issue a pass in the shortest possible time, no later than two working days from the date of reception of the documents by the Consular Authorities of the Requested Party.
b) in case an individual's nationality cannot be ascertained, or in case none of the above indicated documents is available, the Requested State's Consular Authorities will interview the person in the premises where he/she is being held, in detention centres, in welcoming centres or, possibly, in the Consulate itself. Such interview should be arranged in agreement with the competent Consular Authority in the shortest possible time, no later than five working days from the date of the application by the Requesting Party.
c) in case the interview does not prove with certainty the person's nationality, the Consular Authority shall immediately inform the competent local Authorities, who will issue a warrant to take the fingerprints that are then transmitted, without delay, to the Requested Party's Authorities through the area competent Consulate.
The ways and the terms of such transmission of identification files and of the relative replies shall be established in the Additional Protocol to the present Agreement.

Section 3
It will be the Requesting and the Requested States' Police Authorities' duty to adpot, whenever necessary, the measures apt to enforce the above indicated procedures (see sec. 2)


II - Transit when subject to a deportation order

Section 4
1. Each Contracting Party shall allow, upon request by the other Party, transit of nationals from Third Countries who have been denied entry or who are subject to escorting-to-the-border provisions by the Requesting Contracting Party.
2. The Requesting Contracting Party is responsible for the arrival at final destination of the person and must grant him/her re-entry into its territory if he/she is denied entry into a Third Country, or when it is impossible for him/her to continue the journey.

Section 5
1. The Contracting Parties' competent Authorities will establish in the Additional Protocol, referred to in section 8 of the present Agreement, all the procedures connected with the transit, and, where necessary, with the escorting arrangements. In any case, the Contracting Parties' competent Authorities shall exchange the transit applications. The application for transit should include the transiting individual's full personal details and the indication of his/her nationality, travel details i.e the date of the journey, the time and the place of arrival in the Country of transit, the time and place of departure towards the final destination, as well as all the indications for the escorting arrangements.
2. The Requesting Contracting Party shall assure that Third Countries' nationals, whose transit has been authorised, are in possession of a travel document or of any documents necessary in order to enter the country of final destination.

Section 6
A transit permit may be denied if:
a) in the country of destination of in any country of transit, the person concerned risks to be exposed to inhuman treatment, death penalty, or risks that his/her life, physical integrity or freedom may be jeopardised on grounds of its nationality, religion, reace or membership of a particular social or political group;
or
b) in the country of destination or in any of the transit countries, the person concerned might be charged with a criminal offence or be required to serve a sentence, unless the conviction relates to illegal entry.


III - Implementation of the agreement

Section 7
Costs
1. The costs of transport to the Requested Contracting Party's border of individuals to be escorted as well as the costs of any return travel pursuant to section 1, shall be borne by the Requesting Contracting Party.
2. Transit costs incurred as far as the border of the country of destination, pursuant to sections 4-6 of the present Agreement, as well as the costs subsequent to any return travel, shall be borne by the Requesting Contracting Party.

Section 8
Implementation of the Agreement
The Ministries for the Interior of the Italian Republic and of the Kingdom of Morocco will establish through a Protocol the procedures for the implementation of the present Agreement. This Protocol will determine:
a) the competent Authorities, the procedures for the escorting to the border and for the transit, as well as the conditions for the exchange of information;
b) documents through which the nationality can be ascertained or presumed;
c) the arrangements for the Consular interview and for the ascertainment of identity, and the arrangements for the issuing of travel documents to the person subject to escorting and transit provisions;
d) the documents and information necessary for escorting to the border and for transit;
e) the border crossings through which the escorting and the entry for transit of aliens are allowed, as well as the list of airports which might be used for the transit of aliens travelling to their final destination;
f) the arrangements for cost refund pursuant to section 7 of the present Agreement.


IV - Final Provisions

Section 9
The provisions of this Agreement shall not affect obligations undertaken by the Contracting Parties as a consequence of other international agreements.

Section 10
1. Any disputes that may arise in relation to the interpretation of the present Agreement shall be settled through diplomatic channels.
2. Any amendments or additions to the present Agreement shall be agreed upon by the Contracting Parties.
3. Experts from the Contracting Parties shall meet each time it is deemed necessary in order to examine any problem arising from the implementation of the present Agreement and of its Additional Protocol.

Section 11
1. This Agreement shall enter into force on the thirtieth day from the date on which the Contracting Parties have notified each other in writing the completion of the procedures provided for in national statutes for its coming into force.
2. The present Agreement will become executive four months after the signing of its Additional Protocol.
3. The present Agreement shall remain in force indefinitely. It may be denounced by each Contracting Party by notification in writing which will become effective ninety days from the date of the notification.

Done in Rabat, on 27 July 1998 in two originals each in the Italian, Arabic and French languages, each being equally authentic. In case of dispute in the interpretation, the French text will prevail.

On behalf of the Government
of the Kingdom of Morocco
Minister of State
Responsible for Foreign
Affairs and Cooperation
Abdellatif FILALI

On behalf of the Government
of the Italian Republic
Minister for Foreign Affairs
Lamberto DINI