On signing an Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the readmission of persons

Resolution of the Government of the Republic of Kazakhstan dated September 10, 2026 No. 801

 THE Government of the Republic of Kazakhstan DECIDES:

     1. To approve the attached draft Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the readmission of persons.

     2. To authorize the Minister of Internal Affairs of the Republic of Kazakhstan, Yerzhan Saparbekovich Sadenov, to sign on behalf of the Government of the Republic of Kazakhstan an Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the readmission of persons, authorizing amendments and additions that are not fundamental.

     3. This resolution shall enter into force from the date of its signing.

The Prime Minister of the Republic of Kazakhstan

O. Bektenov

Approved by Resolution No. 801 of the Government of the Republic of Kazakhstan on September 10, 2026

Project

Agreement

between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the readmission of persons

     The Government of the Republic of Kazakhstan and the Government of the Republic of Turkey, hereinafter referred to as the Parties,

     Guided by the desire to develop partnership relations between the two States, as well as cooperation between them in various fields, including in combating illegal migration,

     Respecting the sovereign right of each of the States of the Parties, in accordance with their national legislation, to establish responsibility for illegal migration on or through its territory of citizens of the Parties, citizens of third countries and stateless persons,

     Emphasizing that this Agreement does not detract from the rights, obligations and responsibilities of the States of the Parties in accordance with international law,

     based on the urgent need for clear regulation of migration processes in the territories of the States of the Parties,

     have agreed on the following:

Article 1

Definitions

     In this Agreement, definitions have the following meanings::

     "Readmission" means the transfer by the competent authorities of the Requesting Party's State and the reception by the competent authorities of the Requested Party's State, in accordance with the procedure, conditions and for the purposes provided for in this Agreement, of persons who have entered or are in the territory of the Requesting Party's State in violation of national legislation on the entry, exit and stay of nationals of the Parties, third–country nationals and stateless persons. citizenship;

     "Requesting Party" – The Party sending a request for the readmission or transit of a person;

     "Requested Party" – The Party to whom a request for readmission or transit of a person has been sent.;

     "Third–country nationals" - persons who do not have the citizenship of the States of the Parties and belong to the citizenship of a State that is not a Party to this Agreement.;

     "Stateless persons" – persons who are not citizens of the States of the Parties and do not have proof of belonging to the citizenship of a third state, with the exception of persons who have lost the citizenship of the state of one Party after entering the territory of the state of the other Party.;

     "Citizen of Kazakhstan" means any person who holds the citizenship of the Republic of Kazakhstan in accordance with its legislation.;

     "Turkish citizen" means any person who holds the citizenship of the Republic of Turkey in accordance with its legislation.;

     "Competent authorities" – the authorities of the States of the Parties responsible for the implementation of this Agreement;

     "Executive Protocol" – the protocol on the implementation of this Agreement;

     "Personal data" means any information related to a specific or identifiable natural person based on such information.;

     "Transit" is the passage of a citizen of a third country or a stateless person through the territory of the Requested Party's State en route from the Requesting Party's State.

Article 2

Readmission of citizens of the States of the Parties

     1. The Requested Party, at the request of the Requesting Party, shall, within the framework of this Agreement, accept, without other formalities than those specified in this Agreement, in its territory any person who does not fulfill or has ceased to fulfill the conditions of entry, stay or residence in the territory of the Requesting Party, if, in accordance with this Agreement, it is established that this person is a citizen of the Requested Party. This provision also applies to persons who, after entering the territory of the Requesting Party, have been deprived of or renounced the citizenship of the Requested Party and have not acquired the citizenship of the Requesting Party or a third State.

     The requested Party also carries out readmission:

     minor, unmarried children of the persons referred to in paragraph 1 of this article, regardless of their place of birth or nationality, except in cases where they have an independent right of residence in the Requesting Party, or if the said independent right of residence belongs to another parent who is the legal guardian of the children concerned.;

     a spouse who has a nationality other than that of the person referred to in paragraph 1 of this article, provided that the spouse has the right to enter and stay or may obtain the right to enter and stay in the territory of the Requested Party, unless the spouse does not have an independent right to reside in the Requesting Party, or the Requesting Party will not prove that, in accordance with its national legislation, this marriage is not recognized as valid.

     2. After the competent authorities of the State of the Requested Party give a positive response to the readmission application, or, where appropriate, the competent diplomatic mission or consular institution of the State of the Requested Party, regardless of the will of the person to be readmitted, shall issue within 3 working days the travel document required for the return of the person to be readmitted, with a validity period of 3 months..

     3. The lists of documents on the basis of which a person's nationality of the State of one of the Parties is determined are contained in Article 2 of the Executive Protocol. The Executive Protocol is an integral part of this Agreement (according to the annex).

     4. If none of the documents referred to in paragraph 3 of this Article can be submitted, the competent authority of the State of the Requesting Party shall arrange with the diplomatic mission or consular institution of the State of the Requested Party to conduct an interview with the person to be readmitted in order to obtain information about his nationality. The procedure for conducting such interviews is defined in the Executive Protocol.

     5. The competent authorities of the State of the Requesting Party shall take back the person transferred by them within 30 calendar days from the date of his transfer, if the competent authority of the State of the Requested Party determines that there are no conditions for his readmission provided for in paragraph 1 of this Article. In this case, the competent authority of the State of the Requested Party shall transfer to the competent authority of the State of the Requesting Party the materials at its disposal concerning this person.

     6. If the person referred to in paragraph 1 of this Article has a valid document certifying the identity of a citizen of the Requested State, a request for readmission is not required.

Article 3

Readmission of third-country nationals and stateless persons

     1. The competent authorities of the State of the Requested Party shall receive, at the request of the competent authority of the State of the Requesting Party, third-party nationals and stateless persons who have arrived or are in the territory of the State of the Requesting Party in violation of the national legislation of that State, and if it is established that they arrived in its territory directly from the territory of the State of the Requested Party.

     2. In cases where a citizen of a third party or a stateless person does not have an identity document and there is no possibility of issuing such a document by the competent authority of the State of nationality or permanent residence of the person concerned, after receiving a positive response to the readmission request, the competent authorities of the Requested Party State shall issue him a document for entry into the territory of their State.

     3. The competent authorities of the State of the Requesting Party shall take back the person transferred by them within 30 calendar days from the date of his transfer, if an inspection conducted by the competent authority of the State of the Requested Party reveals the absence of the conditions necessary for his readmission provided for in paragraph 1 of this article. In this case, the competent authority of the State of the Requested Party shall transfer to the competent authority of the State of the Requesting Party the materials at its disposal concerning this person.

     4. The provisions of this article shall not apply to persons who, at the time of legal entry into the territory of the Requesting State, had a valid visa, temporary or permanent residence permit issued by the competent authorities of that State; who legally arrived in the territory of the Requesting State without a visa in accordance with national regulations and international agreements.; who have been issued a visa, temporary or permanent residence permit by the competent authorities of the Requesting State after entering the territory of that State.

     5. The provisions of this article apply only to third-country nationals and stateless persons from those third countries with which the Republic of Kazakhstan and the Republic of Turkey have concluded international readmission agreements.

Article 4

Deadlines for sending and reviewing readmission requests

1. A request for the readmission of a person shall be sent by the competent authority of the State of the Requesting Party directly to the competent authority of the State of the Requested Party within 90 calendar days from the date of establishing the fact of illegal entry or illegal stay of the person in the territory of the State of the Requesting Party and/or establishing his identity.

     2. The competent authority of the Requested Party's State may reject a request for the readmission of a person referred to in Article 3 of this Agreement if there is irrefutable evidence that more than 2 years have passed since the person crossed the border of the Requesting Party's State or the fact of the illegal stay of the person in the territory of the Requesting Party's State was established.

     3. The competent authority of the State of the Requested Party, within 30 calendar days from the date of receipt of the request for the readmission of the person, shall consent to the admission or reasoned refusal to accept the person if the competent authorities of the State of the Requested Party have established the absence of the conditions necessary for the transfer of the person provided for in paragraph 1 of Article 2 and paragraph 1 of Article 3 of this Agreement. If there are circumstances that prevent a timely response to a readmission request, the response period based on an application in accordance with the established procedure by the competent authority of the Requested Party's State is extended to 60 calendar days.

Article 5

Terms of readmission

     1. The transfer of persons in respect of whom the competent authority of the Requested Party has agreed to readmission shall be carried out within 30 calendar days from the date of receipt of such consent by the Requesting Party, unless the competent authorities of the States of the Parties agree otherwise in each specific case.

     2. The period specified in paragraph 1 of this Article may be extended if the persons mentioned therein cannot be transferred to the competent authorities of the Requested State due to circumstances objectively preventing the transfer, but only until these circumstances are resolved, and a corresponding written notification is sent.

     If it is impossible to transfer a person in respect of whom the competent authority of the Requested Party has agreed to readmission, the competent authority of the State of the Requesting Party shall immediately send a corresponding written notification to the competent authority of the State of the Requested Party.

Article 6

Transit

     1. The competent authority of the State of the Requested Party, at the request of the competent authority of the State of the Requesting Party, shall permit the transit of third-country nationals and stateless persons through the territory of the State of the Requested Party if the competent authority of the State of the Requesting Party guarantees that the persons referred to in this paragraph are granted unhindered entry into the territory of a third State, regardless of whether it is a transit State or the destination State.

     2. The transit of the persons referred to in paragraph 1 of this Article is carried out accompanied by employees of the competent authorities of the Requesting State, whose status is determined in the Executive Protocol.

     3. A request for transit of persons referred to in paragraph 1 of this Article shall be sent by the competent authority of the State of the Requesting Party in advance, but not later than 15 calendar days before the expected date of entry of the person into the territory of the State of the Requested Party for the purpose of transit, unless the competent authorities of the States of the Parties agree otherwise in each specific case.

     4. The competent authority of the Requested Party's State shall, within 7 calendar days from the date of receipt of the request for transit of persons, give consent to transit or refuse transit in accordance with the established procedure.

     5. In carrying out the transit of persons referred to in paragraph 1 of this Article, the competent authorities of the State of the Requested Party, at the request of the competent authorities of the State of the Requesting Party, shall provide possible assistance.

     6. The competent authority of the State of the Requested Party may refuse the transit of the persons referred to in paragraph 1 of this Article if:

     1) there is a threat that in the destination or transit State a citizen of a third country or a stateless person will be subjected to torture, inhuman or degrading treatment or punishment, the death penalty or persecution on the basis of race, religion, nationality, as well as membership of a particular social group or political beliefs;

     2) the presence of such persons in the territory of the Requested Party's State is undesirable, including for reasons of national security, protection of public order or public health.

     7. The competent authorities of the State of the Requested Party, despite the issued transit permit, may return the persons referred to in paragraph 1 of this Article to the competent authorities of the State of the Requesting Party if, after their entry into the territory of the State of the Requested Party, the circumstances provided for in paragraph 6 of this Article are established in respect of them, and also if Unhindered entry into the territory of another transit State or destination State can no longer be considered guaranteed.

     8. On the basis of reciprocity, the Parties shall take the necessary measures to limit the transit of third-country nationals and stateless persons who may be returned directly to their State of citizenship or permanent residence.

Article 7

Personal data protection

     1. Personal data that the competent authorities of the States of the Parties exchange or transfer to each other in connection with the implementation of the provisions of this Agreement are subject to protection in the State of each of the Parties in accordance with their national legislation and international agreements to which the States of the Parties are parties.

     2. The competent authorities of the States of the Parties shall exchange personal data only for the purposes of this Agreement and ensure their confidentiality.

Article 8

Expenses

     1. The costs associated with the readmission and possible escort of the persons referred to in paragraph 1 of Article 2 and paragraph 1 of Article 3 of this Agreement to the checkpoint across the state border of the Requested Party's State shall be borne by the Requesting Party if the costs cannot be paid by the said persons independently or by a third party.

     2. The costs related to the transit and possible escort of the persons referred to in paragraph 1 of Article 6 of this Agreement, as well as their possible return, shall be borne by the Requesting Party if the costs cannot be paid by the said persons themselves or by a third party.

     3. The costs associated with the transfer of the persons referred to in paragraph 5 of Article 2 and paragraph 3 of Article 3 of this Agreement and their possible escort to the checkpoint across the state border of the Requesting Party's State shall be borne by the Party whose actions or omissions led to the transfer of the person whose grounds for readmission were absent.

Article 9

Executive protocol

     The Parties shall conclude an Executive Protocol, which is an integral part of this Agreement and contains rules concerning:

     1) the competent authorities and the distribution of powers between them;

     2) the content and procedure for sending a request for readmission or transit;

     3) conducting interviews;

     4) Readmission or transit procedures;

     5) conditions for the transfer of escorted persons, including in the case of transit of third-country nationals and stateless persons;

     6) the procedure for carrying out mutual settlements related to the implementation of this Agreement.

Article 10

Suspension and resumption of the application of this Agreement

     1. Each of the Parties may suspend the operation of this Agreement in whole or in part for reasons related to the protection of national security, ensuring public order or protecting public health.

     2. The other Party shall be notified in writing through diplomatic channels of the suspension or resumption of this Agreement no later than 72 hours prior to the start of the implementation of such a decision.

Article 11

Principles of cooperation

     1. All disputes arising between the Parties related to the implementation or interpretation of this Agreement shall be resolved through consultations and negotiations between them.

     2. By mutual agreement, the competent authorities of the States of the Parties may hold working meetings and expert consultations on issues related to the implementation of this Agreement.

Article 12

Effect of other international agreements

     This Agreement does not affect the rights and obligations of the Parties arising from other international agreements to which the States of the Parties are parties.

Article 13

The procedure for making changes and additions

     This Agreement may be amended and supplemented by mutual agreement of the Parties, which are its integral parts and formalized by separate protocols, which enter into force in accordance with the procedure provided for in paragraph 1 of Article 14 of this Agreement.

Article 14

Final provisions

     1. This Agreement shall enter into force 30 days after the date of receipt through diplomatic channels of the last written notification by the Parties on the completion of the internal procedures necessary for its entry into force.

           2. This Agreement is concluded for an indefinite period. Each of the Parties may terminate this Agreement at any time by sending a written notification to the other Party through diplomatic channels. In this case, this Agreement is terminated 60 days after the date of receipt of the notification.

     3. The termination of this Agreement does not affect the readmission procedure initiated prior to the termination.

Committed in __________________________ " " ____________ 20___ in two copies, each in Kazakh, Turkish and English, moreover, all texts are equally authentic.

     In case of any divergence of interpretation, the English text shall prevail.

For the Government

Republic of Kazakhstan

For the Government

The Republic of Turkey

Annex to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the Readmission of persons

Executive protocol

on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the readmission of persons

     The Government of the Republic of Kazakhstan and the Government of the Republic of Turkey, hereinafter referred to as the Parties, expressing their mutual desire to fully resolve issues related to the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on the Readmission of Persons from "__" __________ 202___ year (hereinafter referred to as the Agreement),

     have agreed on the following:

Article 1

Competent authorities

     1. The competent authorities responsible for the implementation of the provisions of the Agreement are:

     from the Republic of Kazakhstan:

     Ministry of Internal Affairs of the Republic of Kazakhstan.

     from the Turkish Republic:

     Ministry of Internal Affairs of the Republic of Turkey – Presidency for Migration Management;

     Ministry of Foreign Affairs of the Republic of Turkey.

     2. In order to implement the provisions of the Agreement and this Executive Protocol, the competent authorities of the States of the Parties shall interact directly with each other.

     3. The competent authorities of the States of the Parties shall immediately inform each other in writing about changes in their contact details.

Article 2

Proof of citizenship

     1. The citizenship of the States of the Parties is confirmed by the following documents:

     for the Republic of Kazakhstan:

     1) passport of a citizen of the Republic of Kazakhstan;

     2) identity card of a citizen of the Republic of Kazakhstan;

     3) the diplomatic passport of the Republic of Kazakhstan;

     4) official passport of a citizen of the Republic of Kazakhstan;

     5) Seaman's identity card;

     6) Certificate of return;

     7) birth certificate of the child (if there is an entry in the passport of one of the parents);

     for the Turkish Republic:

     1) passports of any kind,

     2) a pass issued by Turkey,

     3) identification cards of any kind (including temporary ones),

     4) military books and military identification cards,

     5) seamen's registration books and skippers' service cards,

     6) certificates of citizenship and other official documents that mention or clearly indicate citizenship.

     2. There are grounds to believe that a person is a citizen of the States of the Parties, if any:

     1) documents specified in paragraph 1 of this Article, the validity of which has expired;

     2) copies or duplicates of the documents specified in paragraph 1 of this Article;

     3) written explanations of witnesses obtained legally by the relevant competent authorities;

     4) written information of government officials;

     5) positive results of the interview with the person to be readmitted.

Article 3

Evidence of grounds for readmission of third-country nationals and stateless persons

     1. The following documents (including expired ones) are proof of the grounds for readmission of third-country nationals and stateless persons:

     1) the entry/exit mark of the relevant authorized bodies of the states of the Parties in the identity document and granting the right to cross the state border;

     2) the entry/exit mark of the authorized bodies of the states of the Parties in the forged document;

     3) a residence permit for a foreigner in the territory of the Requested Party's State;

     4) valid refugee ID and travel document issued by the State of the Requested Party;

     5) a document certifying the identity of a citizen of a third party or a stateless person, with a mark granting the right to reside in the State of the Requested Party.

     2. The documents referred to in paragraph 1 of this Article shall be recognized by the Parties without additional formalities.

Article 4

Other documents

     1. If, in the opinion of the Requesting Party, other documents not provided for in articles 2 and 3 of this Executive Protocol may be essential for determining the nationality of the person to be readmitted, or for establishing the grounds for the readmission of third-country nationals and stateless persons, such documents may also be attached to the readmission request.

     2. The issue of the possibility of taking into account the documents referred to in paragraph 1 of this Article when considering a readmission request is decided by the competent authority of the Requested Party's State.

Article 5

Interview

     1. The primary responsibility for conducting an interview at the request of the competent authority of the Requesting Party's State in accordance with paragraph 4 of Article 2 of the Agreement with the person referred to in paragraph 1 of Article 2 of the Agreement is assigned to the representative of the competent authority of the Requested Party's State in the Requesting Party's State.

     2. In the absence of a representative of the competent authority of the State of the Requested Party referred to in paragraph 1 of this Article, the interview shall be conducted by an employee of the diplomatic mission or consular institution of the State of the Requested Party in the State of the Requesting Party.

     3. The interview must be conducted within a period not exceeding 14 calendar days from the date of receipt by a representative of the competent authority of the State of the Requested Party located in the territory of the State of the Requesting Party, or (in the case provided for in paragraph 2 of this Article) by the diplomatic mission or consular institution of the State of the Requested Party in the State of the Requesting Party of a request for an interview drawn up in accordance with Annex 1 to this Executive Protocol.

     4. The date, time and place of the interview shall be agreed upon by the competent authorities of the States of the Parties in each specific case.

Article 6

The content and procedure for sending a readmission request, as well as the procedure for sending a response to it

     1. A request for readmission, drawn up in accordance with Annex 2 to this Executive Protocol, shall be sent by the competent authority of the State of the Requesting Party to the competent authority of the State of the Requested Party by e-mail and, if necessary, additionally by means of technical means of transmitting information within the time limits established by paragraph 1 of Article 4 of the Agreement.

           2. The request for the readmission of nationals of the States of the Parties shall be accompanied by the documents at the disposal of the Requesting Party provided for in Articles 2 and 4 of this Executive Protocol, the presence of which confirms or gives reason to assume that the person subject to readmission has the nationality of the State of the Requested Party.

     3. The request for the readmission of third-country nationals and stateless persons shall be accompanied by the documents at the disposal of the Requesting Party specified in Articles 3 and 4 of this Executive Protocol, the availability of which confirms the grounds for the readmission of these persons.

           4. The response to the readmission request is sent to the competent authority of the Requesting Party's State by the competent authority of the Requested Party's State in writing by e-mail and, if necessary, additionally by means of technical means of transmitting information within the time limits established by paragraph 3 of Article 4 of the Agreement.

Article 7

The procedure for sending and responding to a transit request

     1. A transit request drawn up in accordance with Annex 3 to this Executive Protocol shall be sent by the competent authority of the State of the Requesting Party to the competent authority of the State of the Requested Party by e-mail and, if necessary, additionally by means of technical means of transmitting information within the time limits established by paragraph 3 of Article 6 of the Agreement.

     2. The response to the transit request is sent to the competent authority of the State of the Requesting Party by the competent authority of the State of the Requested Party in writing by e-mail and, if necessary, additionally by means of technical means of transmitting information within the time limits established by paragraph 4 of Article 6 of the Agreement.

Article 8

Accompanying a person subject to readmission or transit

     1. If it is necessary to readmit or transit an escorted person, the competent authority of the Requesting State Party shall inform the competent authority of the Requested State Party of the names, surnames and positions of the accompanying persons, the type, number, date of issue and validity of their passports, as well as the estimated duration of their stay in the territory of the Requested State.

           2. Accompanying persons are obliged to comply with the national legislation of the Requested Party's State during their stay in its territory.

           3. Accompanying persons must be in civilian clothes, as well as have valid passports and documents indicating an agreed readmission or transit agreement.

           4. Accompanying persons are prohibited from carrying weapons and other items, access to which is restricted or withdrawn from circulation in the territory of the State of the Requested Party.

           5. The competent authorities of the States of the Parties shall cooperate with each other on all issues related to ensuring the stay of accompanying persons in the territory of the State of the Requested Party. In this case, the competent authorities of the State of the Requested Party, if necessary, provide possible assistance to accompanying persons.

Article 9

Readmission or transit procedure

     1. The readmission or transit of persons is carried out at all border checkpoints of the States of the Parties that are open to international traffic.

           2. The date and time of readmission or transit, as well as the border control points of the States of the Parties used for this purpose, are determined by mutual agreement of the competent authorities of the States of the Parties in each specific case.

           3. The competent authority of the Requesting Party's State shall notify the competent authority of the Requested Party's State of the conditions of such transfer no later than 10 working days prior to the planned date of transfer of the person to be readmitted.

           The competent authority of the Requested Party's State shall, no later than 7 working days from the date of receipt of such information, notify the competent authority of the Requesting Party's State of the acceptability of the transfer conditions.

           4. If the terms of transfer proposed by the competent authority of the Requesting State are unacceptable to the competent authority of the Requested State, other terms of transfer should be agreed upon as soon as possible.

Article 10

Language

     In order to implement the provisions of the Agreement and this Executive Protocol, the documents provided for in Annexes 1, 2, 3 to this Executive Protocol shall be drawn up by the competent authorities of the States of the Parties in English.

Article 11

Applications

     Annexes 1, 2, 3 to this Executive Protocol are its integral parts.

Article 12

Final provisions

     1. This Executive Protocol shall enter into force and terminate simultaneously with the Agreement.

           2. By mutual agreement of the Parties, amendments and additions may be made to this Executive Protocol, which are its integral parts and formalized in separate protocols. These protocols shall enter into force in accordance with paragraph 1 of article 14 of the Agreement.

     Committed in __________________________ " " ____________ 20___ in two copies, each in Kazakh, Turkish and English, moreover, all texts are equally authentic.

     In case of any divergence of interpretation, the English text shall prevail.

Официальный бланк компетентного органа государств Сторон.

Запрос о проведении собеседования в соответствии со статьей 5 Исполнительного протокола о порядке реализации Соглашения между Правительством Республики Казахстан и Правительством Турецкой Республики о реадмиссии лиц

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Официальный бланк компетентного органа государств Сторон Запрос о реадмиссии в соответствии со статьей 6 Исполнительного протокола о порядке реализации Соглашения между Правительством Республики Казахстан и Правительством Турецкой Республики о реадмиссии лиц

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Официальный бланк компетентного органа государств Сторон запрос о транзите в соответствии со статьей 7 Исполнительного протокола о порядке реализации Соглашения между Правительством Республики Казахстан и Правительством Турецкой Республики о реадмиссии лиц

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