Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND GOVERNMENT OF THE REPUBLIC OF BELARUS

of October 4, 2013

About readmission

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

being guided by aspiration to development good-neighbourhood, partnership between the states and cooperation between them in different areas, including in the field of fight against illegal migration and cross-border organized crime,

being convinced that enforcement of the principles and regulations determining procedure for return, acceptance and transfer of persons which are in the territories of their states in defiance of procedure for entrance and stay of foreign citizens and stateless persons approved by the Parties is important component of regulation of processes of migration, and also contribution to fight against illegal migration and organized crime,

respecting the sovereign right of each of the states of the Parties according to its legislation to establish responsibility for illegal migration in its territory or through it foreign citizens and stateless persons,

emphasizing that this agreement does not diminish the rights, obligations and responsibility of the states of the Parties on international law, including the rules of international law enshrined in the Universal Declaration of Human Rights of December 10, 1948, the Convention on the status of refugees of July 28, 1951 and the Protocol concerning the status of refugees of January 31, 1967, the Convention against tortures and other cruel, inhuman or degrading treatment or punishment of December 10, 1984 and the International Covenant on Civil and Political Rights of December 16, 1966 and also international treaties concerning issue

agreed as follows:

Article 1. Determinations

The concepts used in this agreement mean the following:

readmission - transfer by competent authorities of the state of the requesting Party and acceptance of the state of the required Party by competent authorities according to the procedure, on conditions and for the purpose of, provided by this agreement, the persons which drove or being in the territory of the state of the requesting Party in violation of the law of this state concerning entrance, departure and stay of foreign citizens and stateless persons;

the requesting Party - the Party which competent authority of the state sends inquiry for readmission or transit;

the required Party - the Party to which competent authority of the state the inquiry is sent for readmission or transit;

citizens of the third states - the persons which do not have nationality of the states of the Parties and belonging to nationality of the state not being the participant of this agreement;

stateless persons are the persons who are not citizens of the states of the Parties and not having the evidence of belonging to nationality of the third state, except for persons which lost nationality of the state of one Party after entrance on the territory of the state of other Party to whom action of provisions of Item 1 of Article 2 of this agreement extends;

competent authorities - bodies of the states of the Parties to which implementation of this agreement is assigned;

the check point through Frontier - the check point through Frontier of the Republic of Kazakhstan or the Republic of Belarus established according to the legislation of the states of the Parties for crossing of borders at the international airports;

personal data - the data relating to the subject of personal data determined or determined on their basis, fixed on electronic, paper and (or) other material medium;

Executive protocol - Executive protocol on procedure for implementation of this agreement;

transit - journey of the citizen of the third state or the stateless person through the territory of the state of the required Party on the way from the state of the requesting Party to the state of appointment.

Article 2. Readmission of citizens of the states of the Parties

1. Competent authorities of the state of the required Party accept at the request of competent authority of the state of the requesting Side of faces which drove or are in the territory of the state of the requesting Party with violation of the law of this state concerning entrance, departure and stay of foreign citizens and stateless persons if it is determined that they are citizens of the state of the required Party, or lost his nationality after entrance on the territory of the state of the requesting Party and did not acquire nationality of other state.

2. In case of need, the diplomatic representation or consular establishment of the state of the required Party issues to the transferred person the document necessary for its entrance on the territory of this state which effective period constitutes 30 calendar days from the date of its issue.

3. The list of documents based on which availability at person of nationality of the state of the required Party is determined is specified in the Executive protocol.

The parties within 30 calendar days from the effective date of this agreement and the Executive protocol exchange samples of such documents through diplomatic channels. In subsequent each of the Parties without delay notifies other Party through diplomatic channels on any changes in such documents.

4. If any of documents, stipulated in Item 3 these Articles, cannot be provided, competent authorities of the states of the Parties agree about carrying out in the territory of the state of the requesting Party of interview with person which is subject to readmission for the purpose of receipt of data on his nationality. The procedure of interview is determined in the Executive protocol.

5. If person specified in Item 1 of this Article has the valid identity document of the citizen of the state of the required Party, sending an inquiry about readmission is not required. Transfer of such persons is performed according to article 9 of the Executive protocol, but at the same time competent authorities of the states of the Parties notify each other on date of departure of such person not later than 72 (seventy two) hours before departure.

Article 3. Readmission of citizens of the third states and stateless persons

1. Competent authorities of the state of the required Party accept at the request of competent authority of the state of the requesting Party of the citizen of the third state or the stateless person which drove or are in the territory of the state of the requesting Party with violation of the law of this state if the evidence of that such person is produced:

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.