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3. State of play<br />

3.1 Application/Revision of the Visa Code<br />

The Visa Code is fully applied.<br />

Local Circumstances in Visa Issues: The visa code is fully applied; all applications must contain the<br />

documentation named in the Visa Code. Besides, the circumstances regarding falsifications of<br />

documents and issuance of false documents are a constant issue for the German visa section.<br />

Regrettably, through lack of the co-operation of the Tajik authorities no German officer checks<br />

anymore the travel documents and visas of the passengers going to Frankfurt by the once-a-week<br />

direct flight to Frankfurt of the Somon Air, a local airlines, at the check-point in the Dushanbe<br />

International Airport. Notwithstanding, his work would be – or rather is - regarded as of<br />

considerable importance to hamstring illegal immigration.<br />

It is a unique feature of and great advantage for us here in Tajikistan that we only have one<br />

Schengen visa section (Embassy of Germany - which, albeit, does not cover the whole Schengen<br />

area) thus we are in the position to pursue one single visa policy – consequently, the problem of<br />

"visa shopping", which arises in many other places and which also derives from the very different<br />

visa policies of the member states, does not exist in Tajikistan.<br />

Germany is the only EU mission in TJK which issues Schengen visa. The practise of the Embassy<br />

is as follows: visa fees are charged according to Art. 16 of the Visa Code (EU Regulation 810/2009<br />

as of 13.07.2009). The optional free-of-charge visas are named in section 5. They are applied for<br />

bearers of diplomatic passports and applicants who are invited by state-funded programmes, as well<br />

as for applicants travelling on behalf of inter-governmental/supra-governmental organizations (UN,<br />

EU, IAEA, OECD, etc.), as well as for direct family members of EU citizens.<br />

The addition of biometric data to the Schengen visa was implemented on 14 November 2013.<br />

Unexpectedly the introduction of the new system led to long debates with the Tajik authorities,<br />

which seems to be fixed just in April 2014. Since January 2014 the Tajik Ministry of Foreign<br />

Affairs has been requesting diplomatic staff of the Delegation of the European Union to appear<br />

personally at the Ministry of Foreign Affairs, when they need to extend their visa. In our opinion,<br />

given the number of the staff (11 people), their spouses and their children the new procedure will<br />

entail numerous visits per annum resulting in a waste of a huge amount of working hours and<br />

manpower spent for this aim. Given that the activity of the European Union's Delegation in<br />

Tajikistan is mainly bilateral assistance it means that it hampers the efficient functioning of the<br />

Delegation – which is in the interest of neither party.<br />

As the Tajik side explained, following the installation of the finger print system at the German<br />

Embassy in Dushanbe (14 November 2013) their diplomats are expected to apply personally and<br />

many of them have to pay for the visa in spite of the fact that they travel with diplomatic passport<br />

and the Tajik party does not collect fee for diplomatic visa. The new Tajik procedure is an adoption<br />

of the reciprocity principle to the Schengen procedure regarded as aggrieved by the Tajik side.<br />

The European Union's Delegation had extensive discussion with the Embassy of Germany in<br />

Dushanbe about the issue and told the result to the Tajik party, namely that one cannot set hopes on<br />

being able to change the overall regulations on bilateral basis in one country regarding the finger<br />

print system as a requirement of the new biometric Schengen visa accepted by all the member<br />

countries of the Schengen zone. Consequently, EU DEL in Dushanbe understands and can accept<br />

12893/14 PR/lm 169<br />

DG D 1 A<br />

EN

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