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The agreement on cooperation in creation of the state information systems of passport and visa documents of new generation and their further development and use in the State Parties of the CIS

of November 14, 2008

The governments of the State Parties of the Commonwealth of Independent States which further are referred to as with the Parties

for the purpose of ensuring cooperation in creation of the state systems of production, registration and control of passport and visa documents of new generation during the forming and projects implementation and the programs containing actions for introduction in gosudarstvakhuchastnik of the CIS of passport and visa documents of new generation

recognizing importance of joint and effective use of passport and visa documents of new generation for the purpose of increase in efficiency of fight against threat of terrorism and illegal migration, and also enhancement of passport and border control,

proceeding from need of harmonization of the legislation in the field of development and use of systems of passport and visa documents of new generation, being guided by international treaties in this sphere which participants are the Parties, and the national legal system of the State Parties of this agreement, aiming at consecutive implementation of this agreement, agreed as follows:

Article 1. This agreement purpose

The purpose of this agreement is harmonization of processes of creation of the state information systems of the passport and visa documents of new generation providing protection of rights and freedoms of man and citizen when processing its personal data.

Article 2. Terms and determinations

For the purposes of this agreement the provided terms have the following values:

passport and visa documents of new generation - the identity documents of the citizen outside the territory of the state containing biometric data of the owner of the document according to which the citizen performs departure from the state and entrance on the territory of the state;

the citizen of the third state - the physical person who is not the citizen of the State Parties of this agreement and having the evidence of availability of nationality (citizenship) of other state;

the stateless person - the physical person who is not the citizen of the State Parties of this agreement and not having the evidence of availability of nationality (citizenship) of other state;

biometric data - data which characterize physiological features of the person and on the basis of which it is possible to identify his personality (the digital photo, fingerprints, the image of iris of the eye of eyes and other biometric personal data) which can be processed only in the presence of the consent in writing of the subject of personal data according to the legislation of the State Parties of this agreement;

the digital signature - the electronic data obtained as a result of transformation of basic electronic data with use of private signature key which by means of the corresponding procedure when using public signature key allow:

- confirm invariance of basic data after signing with their digital signature;

- determine that the digital signature is created with use of the closed key corresponding to open;

- establish the owner of the registration certificate on open key of the digital signature in the presence of such certificate;

the operator of information system - the physical person or legal entity performing activities for operation of information system, including for the information processing containing in its databases; cross-border transfer of personal data - transfer of personal data by the operator of information system through frontiers of one of the State Parties of this agreement to public authority, physical person or legal entity of other State Party of this agreement;

public personal data - personal data, access to which is provided with the consent of the subject of personal data to the unrestricted group of people or to which according to the national legal system of the State Parties of this agreement the requirement of maintaining confidentiality does not extend;

personal data - any information relating to the physical person (the subject of personal data) determined or determined based on such information, including its surname, name, middle name, year, month, birth date and birth place, the address, marital status, education, profession, the income, other information;

electronic data - the information about persons, objects, facts, events, the phenomena and processes provided electronically;

standardization of the equipment - process of establishment and application of the technical characteristics and parameters taken as basis for comparison of the equipment of identical technical appointment;

certification of the equipment - check of the equipment on compliance to the established standards, other regulations and technical requirements.

Article 3. Purposes and tasks of creation of the state information systems

The parties create the state information systems of passport and visa documents of new generation for the purpose of:

- enhancement of system of homeland security of the State Parties of this agreement;

- providing on mutual basis of departure of citizens of gosudarstvuchastnik of this agreement to the third states and entry of citizens of the third states into the State Parties of this agreement with use of passport and visa documents of new generation;

- creations of optimal conditions of crossing by citizens of borders of the State Parties of this agreement.

The main objectives of creation of the state information systems are:

- prevention of illegal migration by means of measures of the prevention of falsification, counterfeit or illegal use of identity documents;

- increase in efficiency of border control, and also control of issue and circulation of passport and visa documents of new generation;

- enhancement of border and migratory control, and also implementation of measures for fight against illegal migration, terrorism, organized crime on the basis of interstate information exchange;

- increase in protection of passport and visa documents of new generation against counterfeit due to application of modern methods and remedies;

- ensuring technical capability of information exchange in the course of interstate cooperation of law enforcement agencies in the field of fight against illegal migration, criminal and terrorist manifestations;

- increase in efficiency of control of observance by citizens of the third states and stateless persons of requirements of the national legal system of the State Parties of this agreement.

Article 4. The main conditions shown to the created state information systems

During creation of the state information systems of the Party comply with the following conditions:

- fixation of biometric these citizens without humiliation of advantage of the personality and damnification to health;

- exception of possibility of illegal reproduction of the biometric these citizens containing in passport and visa documents of new generation;

- ensuring confidentiality of information containing in the state information system and restriction of this information only with those data which are necessary for check of authenticity of passport and visa documents of new generation;

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