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Agreement between the Government of the Kyrgyz Republic and Government of the Republic of Tajikistan on regulation of process of resettlement and protection of the rights of immigrants

The government of the Kyrgyz Republic and the Government of the Republic of Tajikistan, the hereinafter referred to as Parties,

- being guided by the principles containing in the main documents of the UN on human rights

- based on provisions of the Agreement on bases of the interstate relations between the Kyrgyz Republic and the Republic of Tajikistan of July 12, 1996,

- considering priority for itself task of regulation of process of resettlement and ensuring protection of the rights of immigrants,

- wishing to determine procedure and conditions of voluntary resettlement of persons,

- proceeding from aspiration of the people of two countries to preserving and consolidation of historical and traditionally friendly communications and the relations of neighborliness,

agreed as follows:

Article 1

The terms applied in this agreement have the following values:

"Immigrant" - the person who is voluntarily leaving the state of the permanent residence and moving to permanent residence on the territory of other state.

"Members of the family of the immigrant" - the spouse (spouse), parents, minor children, and also other family members living together with the immigrant and being in its dependence.

"The state of departure" - the state of former permanent residence.

"The state of entrance" - the state of new permanent residence.

Article 2

This agreement extends to persons moving from the Kyrgyz Republic to the Republic of Tajikistan and from the Republic of Tajikistan to the Kyrgyz Republic.

The parties recognize inadmissible any compulsion of persons to resettlement.

Article 3

This agreement is not applied to:

a) to refugees;

b) to migrant workers;

c) to the persons condemned for making of crimes and serving sentence;

d) to persons whose entrance can cause damage of safety of the state of entrance, before cancellation of the circumstances interfering entrance;

e) to persons whose departure is postponed until execution by them of property and other obligations to the state and non-state organizations, irrespective of patterns of ownership, and also individuals;

e) to persons which are temporarily in the territory of the Kyrgyz Republic or the Republic of Tajikistan in connection with study, private and business travels;

g) the serviceman who is on active duty and to members of their families.

Article 4

Permission to moving is provided to immigrants by the state of entrance according to rules of international law and the national legal system of the state of entrance.

Article 5

The parties provide in the territory concerning immigrants and members of their families non-admission of discrimination on the basis of floor, race, language, religion and beliefs, political and different views, national, ethnic or social origin, economic, property and family provisions.

Article 6

Coordination of works on resettlement of persons and control of observance of this agreement, the Party are assigned to authorized state bodies:

in the Kyrgyz Republic - the State committee of the Kyrgyz Republic on migration and employment;

in the Republic of Tajikistan - the Ministry of Labour and Social Protection of the population of the Republic of Tajikistan.

Article 7

Authorized state bodies of the Parties provide to immigrants and members of their families necessary information:

a) about contents of this agreement;

b) about their rights and obligations in the state of entrance;

c) about conditions of employment, possibility of education, professional training, retraining, career guidance, and also accommodation conditions (climatic, domestic, welfare and others) in the state of entrance;

d) about the national legal system and other regulations regulating the questions connected with resettlement of citizens;

e) about changes of requirements to document creation for entrance departure in the territory of the states of the Parties.

Article 8

Immigrants and members of their families have the right:

a) export from the state of departure everything the personal estate registered in accordance with the established procedure and declared before departure which is in their personal property taking into account the restrictions relating to export of the cultural, historical and other values recognized according to the legislation of the state of departure by its national property;

b) sell or dispose of the property which is their personal property;

c) transfer the money deposits and assets placed in bank institutions of the state of departure in bank institutions of the state of entrance according to the Procedure established by the legislation of the Parties;

d) leave in the territory of the state of departure, the personal and real estates belonging to them on the property rights, money deposits and assets, to perform right of possession, uses and orders in their relation.

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