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AGREEMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND GOVERNMENT OF THE REPUBLIC OF BELARUS

of November 15, 2013

About readmission

The government of the Russian Federation 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 two states, and also cooperation between them in different areas,

being convinced that enforcement of the principles and regulations determining procedure for return, acceptance and transfer of persons which are in the territories of the states of the Parties in defiance of the operating procedure for entrance and stay of foreign citizens and stateless persons approved by the Parties is important component of regulation of processes of migration,

respecting the sovereign right of each of the states of the Parties according to its legislation to establish responsibility for illegal migration on its territory of 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 particular, in the Universal Declaration of Human Rights of December 10, 1948 in the Convention on the status of refugees of July 28, 1951 and the Protocol concerning the status of refugees of January 31, 1967,

agreed as follows:

Article 1. Determinations

For the purposes of this agreement the stated below terms have the following value:

a) 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 in this agreement, citizens of the third states and stateless persons which are 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;

b) the requesting Party - the Party which competent authority of the state sends inquiry for readmission or transit of person according to this agreement;

c) the required Party - the Party to which competent authority of the state the inquiry is sent for readmission or transit of person according to this agreement;

d) the citizen of the third state - the person which does not have nationality of the states of the Parties and having the proof of the belonging to nationality of the state not being the participant of this agreement;

e) the stateless person - the person who is not the citizen of the states of the Parties and not having the evidence of the belonging to nationality of the third state;

e) competent authorities - the bodies of the states of the Parties participating in implementation of this agreement;

g) the approved place of transfer - the place approved by competent authorities in the territory of one of the states of the Parties in which reception-transmission of persons which are subject to readmission is performed;

h) Executive protocol - Protocol on procedure for implementation of this agreement.

Article 2. 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 is 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 the evidence of that such persons is produced:

a) drove on the territory of the state of the requesting Party directly from the territory of the state of the required Party with violation of the law of the state of the requesting Party concerning entrance, departure and stay of foreign citizens and stateless persons;

b) at the time of sending an inquiry about readmission have the valid residence permit in the territory of the state of the required Party.

2. The obligation on readmission provided in Item 1 of this Article is not applied if the citizen of the third state or the stateless person:

a) arrived on legal causes to the territory of the state of the requesting Party in visa-free procedure according to the international treaty;

b) just before arrival on the territory of the state of the requesting Party were only in the transit area of the international airport in the territory of the state of the required Party.

3. If the citizen of the third state or the stateless person has no identity document, and there is no possibility of issue of such document by authority of the state of nationality or permanent residence of the specified person, after receipt of affirmative answer on request about readmission the competent authority of the state of the requesting Party issues to such person for entrance on the territory of the state of the required Party the travel document for the purposes of readmission recognized by the required Party for entrance on its territory. The sample of the travel document for the purposes of readmission contains in the Executive protocol if other form of the specified document is not stipulated by the legislation the states of the Parties.

4. The list of the documents specifying availability of the bases for readmission of citizens of the third states and stateless persons is determined in the Executive protocol.

5. The competent authority of the state of the requesting Party accepts person who is back transferred to them within 30 calendar days from the date of its transfer if it is determined that there are no bases for its readmission provided in Item 1 of this Article. In this case the competent authority of the state of the required Party transfers to competent authority of the state of the requesting Party the documents which are available at its order concerning the specified person.

6. In case of transfer of person specified in Item 5 of this Article, the competent authority of the state of the required Party issues to the transferred person the travel document for the purposes of readmission on sample, according to Item 3 of this Article.

7. Competent authorities of the states of the Parties on mutual basis aim to limit cases of readmission of citizens of the third states and stateless persons if they can be returned directly to the states of their civil accessory or permanent residence.

Article 3. Request about readmission

1. For transfer of person which is subject to readmission, according to Article 2 of this agreement, the competent authority of the state of the requesting Party sends inquiry for readmission to competent authority of the state of the required Party.

2. The inquiry is not sent for readmission if the citizen of the third state or the stateless person has the valid residence permit issued by authority of the state of the required Party. Transfer of such persons is performed according to article 7 of the Executive protocol.

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