The agreement on cooperation of the State Parties of the Commonwealth of Independent States in fight against illegal migration
of March 6, 1998
The State Parties of this agreement on behalf of the governments, further - the Parties,
based on rules of international law and national legal system of the Parties,
noting that illegal migration, posing threat of public and homeland security, economic stability, promoting complication of criminogenic situation in the territories of the Parties,
considering priority for itself task of providing the rights and legitimate interests of the citizens,
considering cooperation in fight against illegal migration as one of the important directions of regulation of migratory processes in the territories of the Parties and for the purpose of implementation of joint efforts to prevention of illegal migration,
aiming to provide the legal basis for cooperation of the Parties in fight against illegal migration, agreed as follows:
The terms applied in this agreement have the following values:
"illegal migrants" - the citizens of the third states and stateless persons which violated rules of entrance, departure, stay or transit through the territories of the Parties and also the citizens of the Parties who violated the rules of stay in the territory of one of the Parties established by its national legal system;
"the third states" - the states, not being participants of this agreement;
"the state of departure" - the state of civil accessory of the illegal migrant (for stateless persons - the state of its regular residence) or the state from which territory there arrived illegal migrant;
"the state of entrance" - the state to which territory there arrived illegal migrant.
The agreement is not applied to persons which arrived to the territory of one of the Parties for the purpose of asylum or the status of the refugee if their petitions for the provision of such status are submitted to relevant organs of the state of entrance according to the procedure provided by its legislation.
Entrance of citizens of the third states, stateless persons and citizens of the Parties on the territory of one of the Parties is possible on condition of accomplishment of requirements of its national legal system on rules of entrance, departure, stay and transit, and also international treaties which participant she is by them.
The persons recognized as refugees or who were granted asylum in the territory of one Party drive in the territory of other Parties according to part one of this Article.
The parties perform interaction in the field of fight against illegal migration in the following main directions:
accounting of citizens of the third states, stateless persons and citizens of the Parties illegally crossing borders of the states illegally staying in the territories of the Parties, and also persons to which entrance on the territory of one of the Parties is prohibited;
development of the mechanism on deportation of illegal migrants;
harmonization of the national legal system of the Parties in the field of responsibility for illegal migrants and for all categories of persons rendering assistance to illegal migration;
exchange of information about illegal migration;
preparation and advanced training of staff of relevant organs of the Parties dealing with issues of fight against illegal migration.
The illegal migrants revealed in the territory of one of the Parties are subject to deportation to the state of departure according to the legislation of the state of entrance if other is not provided by international treaties.
If illegal migrants arrived to the territory of one Party from the territory of other Party, they, in the presence of the corresponding proofs about it, are subject to transfer of the last. At the same time transfer of illegal migrants is performed according to separate arrangements of the Parties in this area.
The parties will communicate:
about the national legal system in the field of migration, and also about changes in it;
about samples of identity documents and granting the right to crossing of frontier, changes of forms and requirements to documents for entrance, stay and departure from the territories of the Parties;
about the revealed channels of illegal migration, including receipt of entrance visas, other documents and their uses, and also about other questions of accomplishment of this agreement;
about all agreements on entrance departure and migration with the third states.
After the signature of this agreement of the Party in six-months time will develop Regulations on the general database on illegal migrants and persons, entrance by which to the State Parties of this agreement it is closed according to the existing national legal system of the Parties, and also will determine procedure for exchange of information about illegal migration according to Articles 4 and 6 of this agreement.
All questions connected with accomplishment or interpretation of this agreement are solved by consultations and negotiations of concerned parties.
By mutual consent of the Parties changes and additions which are drawn up in the form of protocols can be made to this agreement and are integral part of this agreement.
This agreement is subject to ratification according to the national legal system of the Parties and becomes effective in day of delivery to depositary on storage of the third ratification letter.
For the Parties ratifying it is later, it becomes effective in day of delivery by them on storage to depositary of the instruments of ratification.
Provisions of this agreement do not mention obligations assumed by the Parties according to other international treaties.
Each of the Parties not later than from the date of the introduction for it owing to this agreement will determine in a month the list of authorities to which its realization will be assigned, and will report about it to depositary.
This agreement is open for accession of the State Parties of the Commonwealth of Independent States dividing its provisions with the consent of all Parties by transfer to depositary of documents on such accession. Accession is considered by the depositary of the last message on consent to such accession which became effective from the date of receipt.
This agreement is effective within five years from the date of entry into force, and then every time is automatically prolonged for the subsequent five-year period.
Each Party can leave this agreement, having sent the written notice of it to depositary not later than 6 months to exit.
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