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The agreement on cooperation on counteraction of illegal labor migration from the third states

of November 19, 2010

(Agreement as amended of 10.10.2014)

The government of the Republic of Belarus, the Government of the Republic of Kazakhstan, the Government of the Russian Federation which are hereinafter referred to as with the Parties

being guided by the Agreement on custom union and the Common economic space of February 26, 1999,

including priority task of providing rights and legitimate interests of citizens of the states of the Parties,

considering cooperation on counteraction of illegal labor migration from the third states as one of the important directions of regulation of migratory processes in the territories of the states of the Parties,

based on rules of international law and legislations of the states of the Parties,

aiming to create the legal basis for cooperation of the Parties on counteraction of illegal labor migration from the third states,

agreed as follows:

Article 1

This agreement determines the directions and forms of cooperation of the Parties by counteraction of illegal labor migration from the third states.

This agreement is not applied to persons which arrived from the third states to the territory of the state of one of the Parties for the purpose of asylum or the status of the refugee according to the procedure, stipulated by the legislation the states of this Party.

Article 2

For the purposes of this agreement the terms used in it have the following value:

"the state of entrance" - the state of one of the Parties on which territory the citizen of the third state or the stateless person for implementation of labor activity follows;

"the third state" - the state, not being the participant of this agreement;

"citizens of the third states" - citizens of the states, not being participants of this agreement;

"authorized bodies" - bodies of the states of the Parties which competence includes implementation of provisions of this agreement;

"stateless person" - the person who does not have the evidence of belonging to nationality of any state and not living constantly in the territory of the state of one of the Parties;

"illegal labor migration" - entrance and/or stay for the purpose of implementation of labor activity of citizens of the third states, stateless persons in the territory of the state of one of the Parties with violation of the law of this state, or implementation of labor activity by citizens of the third states, stateless persons in the territory of the state of one of the Parties with violation of the law of this state;

"illegal migrant workers" - the citizens of the third states or stateless persons driving and/or staying in the territory of the state of one of the Parties for the purpose of implementation of labor activity with violation of the law of this state, or performing labor activity in the territory of the state of one of the Parties with violation of the law of this state.

Article 3

The parties perform interaction in the following main directions:

development and realization of coordinated policy on counteraction of illegal labor migration;

implementation of agreed measures concerning the illegal migrant workers, the physical persons and legal entities organizing and/or rendering assistance to illegal labor migration.

Article 4

For the purpose of implementation of this agreement of the Party perform:

approval of general approaches and the principles in the field of counteraction of illegal labor migration;

identification and accounting of illegal migrant workers;

identification and suppression of the channels and structures organizing or rendering assistance to illegal labor migration;

monitoring of amounts of illegal labor migration;

development and enhancement of the mechanism of dispatch (expulsion, deportation) illegal migrant workers;

development of the agreed measures limiting entrance for the purpose of implementation of labor activity in the territory of the states of the Parties which are earlier sent (expelled, deported) persons;

implementation of measures, directed to prevention of distribution of unreliable information in the field of labor migration.

Article 5

The cooperation of the Parties is performed in the following forms:

exchange of regulatory legal acts of the states of the Parties concerning migration and implementation of labor activity by foreign citizens;

exchange of information concerning counteraction of illegal labor migration;

organization and holding operational and preventive actions and special transactions for counteraction of illegal labor migration;

experience exchange, holding training, seminars and training courses;

conclusion of agreements on readmission.

Article 6

For the purpose of counteraction of illegal labor migration authorized bodies of the states of the Parties perform mutual exchange of the following information:

about the revealed illegal migrant workers and the measures taken in relation to them;

about samples of the documents confirming the right of entrance of citizens of the third states and stateless persons to the territory of the states of the Parties including for the purpose of implementation of labor activity;

about the counterfeit and stolen documents used by citizens of the third states and stateless persons for the purpose of crossing of frontier of the states of the Parties and implementation of labor activity;

about the revealed channels of illegal labor migration;

about persons involved in administrative and criminal liability for the organization and/or assistance of illegal labor migration in the territories of the states of the Parties;

about the physical persons and legal entities organizing and/or rendering assistance to illegal labor migration.

Exchange of information is performed based on the corresponding requests of authorized bodies of the states of the Parties according to the procedure, them approved.

Article 7

Authorized bodies of the state of one of the Parties can refuse transit through the territory of the state of this Party according to the legislation of the state of this Party to the citizens of the third countries or stateless persons following on the territory of the state of entrance.

Article 8

The realization of this agreement is enabled by authorized bodies which interact within the competence and with compliance with law of the states of the Parties.

The parties in three-months time from the effective date of this agreement notify depositary on the specified authorized bodies.

In case of change of authorized body of the Party without delay notify each other on it through depositary.

Article 9

By mutual consent of the Parties changes which are drawn up by separate protocols can be made to this agreement.

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