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Agreement between the Government of the Republic of Kazakhstan, Government of the Kyrgyz Republic and Government of the Republic of Uzbekistan on regulation of processes of population shift

of August 7, 1997

The government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan which are hereinafter referred to as - the Parties,

based on the Contract on eternal friendship between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan of January 10, 1997 signed in the city of Bishkek;

being guided by rules of international law;

considering priority for itself task of ensuring protection of the rights and legitimate interests of the citizens;

aiming to provide the legal basis for cooperation of the Parties in the field of regulation of processes of population shift;

considering cooperation according to the prevention and suppression of illegal migration as one of the important directions of regulation of migratory processes in the territory of the states of the Parties;

agreed as follows:

Article 1

This agreement determines the main directions of cooperation of the Parties in the field of regulation of processes of migration.

Its action extends to citizens of the states of the Parties which irrespective of the country of their accommodation can drive on the territory of the state of other Party or leave it on presentation of the document certifying nationality of the states of the Parties.

The parties recognize inadmissible any compulsion of persons to migration.

Article 2

The terms applied in this agreement have the following value:

The migrant - the person who is voluntarily leaving the state of the permanent residence and moving to the territory of other state with the permission of the state of entrance within the established quota.

Members of the family of the migrant - the spouse (spouse), their parents, minor children, including on adoption (adoption), and also the minor brothers, sisters who do not have parents or guardians and other disabled relatives who are in his (her) dependence.

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

The state of entrance - the state to which territory there arrived migrant.

Article 3

This agreement is not applied:

a) to refugees;

b) to migrant workers;

c) to persons who committed crime against the world and mankind;

d) to persons who committed felony crime for the last 15 years or if concerning them criminal case is brought;

e) to persons infected with AIDS having alcoholism or drug addiction, quarantine and infected with especially dangerous infectious diseases;

e) to persons whose entrance is postponed until execution by them of property and office obligations to the state, cooperative, public or other organizations and organizations, individuals;

g) to persons which are temporarily in the territory of the either party in connection with work in the international organizations or diplomatic representations and also with study, private and business (office) travels.

Article 4

The entry visa is provided to migrants according to the legislation of the state of entrance and the international precepts of law.

Article 5

Each Party reserves the right to establish immigration quota for each calendar year which determines limiting number of immigrants, the material financial resources necessary for their acceptance, arrangement, adaptation and employment, and also regions where they shall move.

The parties recognize the right of persons to move independently on the territory of one of the states. Provisions of this agreement do not extend to persons who moved independently.

Article 6

The parties provide in the territory protection of migrants and members of their families from any actions in the form of violence and threats, and also other actions on the basis of sex, races, language, religion and beliefs, political and different views, national, ethnic or social origin, economic, property and marital status both from officials, and from physical persons, groups, public associations and other organizations according to the legislation of the states of the Parties.

Article 7

Migrants and members of their families have the right:

a) export from the state of departure all personal estate declared before departure which is in their personal property taking into account the restrictions relating to export of the cultural 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 and export from the state of departure, and also import into the state of entrance the received money in the declared procedure according to the legislation of the state of departure in the field of currency control;

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

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

Personal and real estate cannot be alienated by the authorities of the state of departure based on the fact that his owner is the person who is constantly living outside the state or not being the citizen of the state of departure except cases, stipulated by the legislation the states of departure.

Article 8

Concerning the state, municipal (utility) or departmental housing the state of departure provides to migrants and members of their families the right to privatize actually occupied housing and to conclude bargains with physical persons and legal entities according to the legislation of the state of departure.

The means received as a result of the transaction after payment of the corresponding taxes and duties are property of the migrant.

Ownership, use and the order of the property which is in property of migrants is performed by them in full.

Civil disputes concerning the property which is in the territory of the state of departure between migrants and members of their families, on the one hand, and interested persons, on the other hand, are solved judicially on the territories of the state of departure and according to its legislation and this agreement.

Competent authorities of the state of entrance recognize the decisions of the courts of the state of departure which took legal effect on the specified disputes, including for the purposes of execution in the territory of the state of entrance.

Article 9

The state of departure does not interfere with migrants and members of their families on sale or other form of the order by housing and other property which is in their property.

The parties do not interfere with migrants in exchange of housing, made according to the procedure established by the legislation of the states of the Parties.

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