On signing an Agreement between the Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China on the transfer of convicted persons
Decree of the President of the Republic of Kazakhstan dated April 30, 2026 No. 1257.
In accordance with subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan "On International Treaties of the Republic of Kazakhstan", I HEREBY DECREE:
1. To approve the attached draft Agreement between the Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China on the transfer of convicted persons.
2. To authorize the Prosecutor General of the Republic of Kazakhstan, Berik Asylov Nogaiuly, to sign on behalf of the Republic of Kazakhstan an Agreement between the Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China on the transfer of convicted persons, authorizing amendments and additions that are not of a fundamental nature.
3. This Decree shall enter into force from the date of its signing.
President of the Republic of Kazakhstan
K. Tokaev
Approved by Decree of the President of the Republic of Kazakhstan on April 30, 2026 No. 1257
Project
Agreement between the Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China on the transfer of Convicted persons
The Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China (hereinafter referred to as the Macao SAR), duly authorized to conclude this Agreement by the Central People's Government of the People's Republic of China, hereinafter referred to as the "Parties",
Desiring to promote effective cooperation in the field of transfer of convicted persons in order to facilitate their rehabilitation and social reintegration,
Believing that this goal can be achieved through the conclusion of a bilateral agreement establishing the possibility for convicted persons to serve their sentences in the environment of their social origin,
have agreed on the following:
Article 1
Definitions
For the purposes of this Agreement:
a) A "verdict" is any final court decision that imposes a custodial sentence for committing a crime.;
b) "convicted person" means any person, including a minor, who is serving a custodial sentence in the Transmitting Party;
c) "Transferring Party" – The Party from whose jurisdiction the convicted person may be or has already been transferred for further serving of the sentence.;
d) "Receiving Party" – The Party in whose jurisdiction the convicted person may be or has already been transferred for further punishment;
f) "Legal representative" – a person duly authorized to represent the convicted person in accordance with the legislation of the Parties.
Article 2
General provisions
1. The Parties, on the terms set out in this Agreement and in their legislation, undertake to maximize cooperation in the field of transfer of convicted persons.
2. The convicted person may be transferred from the Transmitting Party to the Receiving Party for further serving of the sentence. For this purpose, the convicted person or his legal representative may, in accordance with this Agreement, express a desire to transfer to either Party.
Article 3
Central authorities
1. For the purposes of this Agreement, the central authorities designated by the Parties shall interact directly.
2. The central authorities are:
a) for the Republic of Kazakhstan – the Prosecutor General's Office;
b) For the Macao SAR, the Secretariat of Administration and Justice.
3. Each Party may change its central authority, in which case it must inform the other Party of such a change in writing.
Article 4
Conditions for transfer
1. A convicted person may be transferred in accordance with this Agreement if the following conditions are met:
a) The act for which the sentence was passed is a crime in accordance with the legislation of the Receiving Party.;
b) When the Republic of Kazakhstan is the Receiving Party, the convicted person is a citizen of the Republic of Kazakhstan.;
c) When the Macao SAR is the Host Country, the convicted person is a resident of the Macao SAR.;
d) The verdict is final and enforceable.;
e) There are no pending proceedings against the convicted person in the Transferring Party that prevent the transfer.;
f) at the time of receipt of the request for transfer of the convicted person, the remaining term of serving the sentence is at least one (1) year.;
g) a convicted person or, when due to his age, physical or mental condition, he cannot independently express his consent, his legal representative gives written consent to the transfer.;
h) Both Sides agree to transfer the convicted person.
2. In exceptional cases, transfer may be carried out even if the duration of the unserved sentence is less than one (1) year.
Article 5
Conditions for refusal of transfer
The transfer may be refused if:
a) in the case of the Republic of Kazakhstan, the transfer may damage its sovereignty, security, public order or other essential interests, or in the case of the Macao SAR, it may damage the national defense, foreign affairs, sovereignty of the People's Republic of China or security, public order, or other essential interests of the People's Republic of China or any of its parts, including the SAR Macau;
b) The punishment under the legislation of the Receiving Party differs significantly from the punishment imposed in the Transmitting Party.;
c) The convicted person has not compensated for the damage caused by the crime or has not paid the expenses that he is obliged to reimburse in accordance with the court verdict.;
d) The person is the subject of an incomplete criminal proceeding or has been convicted of the same crime in the Receiving Party.;
e) if either Party considers that the transfer is contrary to its laws or applicable international agreements.
Article 6
Transfer procedure
1. The convicted person to whom this Agreement may be applied must be informed by the Parties of the possibility of transfer in accordance with this Agreement and of its legal consequences. If the convicted person wishes to be transferred, he may express such a wish to either Party.
2. A transfer request may be sent by either Party in writing. Before requesting the transfer, the Parties shall examine the convicted person's application for compliance with the requirements set out in Article 4 of this Agreement.
3. Upon receipt of a transfer request, the Transmitting Party sends the following documents and information to the Receiving Party:
a) personal data of the convicted person, including his full name, gender, nationality, date and place of birth and, if necessary, the names of his parents. If the convicted person has a place of residence in the Receiving Party and if this is known, then the address of such a place must also be indicated.;
b) the term of the beginning and end of the sentence, including information about the period of pre-trial detention, the terms of the sentence served and to be served by the convicted person, and any other information necessary for the execution of the sentence;
c) a certified copy of the verdict, containing the facts and applicable legislation on which the verdict is based;
d) medical and social reports on the convicted person, if necessary, information about his treatment in the Transmitting Party and recommendations for subsequent treatment;
f) the statement of the convicted person or his legal representative, containing consent to transfer.
4. If the Receiving Party, after examining the documents sent by the Transferring Party, considers that the transfer of the convicted person is possible, it shall send the following documents and information to the Transferring Party:
a) a document confirming that the convicted person is a citizen of the Republic of Kazakhstan or a resident of the Macao SAR;
(b) A provision of legislation indicating that the offence for which the convicted person was sentenced is also a crime under its legislation;
c) description of the procedures for the execution of the sentence imposed by the Transferring Party, in accordance with the legislation of the Receiving Party.
5. Either Party may request from the other Party the provision of additional documents and information before sending a request or making a decision on transfer.
6. If either Party does not agree to the transfer, it must inform the other Party of its decision in writing.
7. If the transfer request is satisfied, the Parties shall immediately agree on the date and place in the Transferring Party where the person should be transferred, unless otherwise agreed by the Parties.
8. The convicted person or his legal representative shall be informed of the decision taken on the request for transfer in writing.
Article 7
Consent and its verification
1. The transferring Party must ensure that the convicted person who consents to the transfer provided for in subparagraph (g) of paragraph 1 of Article 4 of this Agreement does so voluntarily and with full awareness of the legal consequences of such transfer.
2. Prior to the transfer, the transferring Party shall provide a diplomatic representative or an authorized official of the Receiving Party with the opportunity to verify that such consent has been given in compliance with the conditions set out in paragraph 1 of this article.
Article 8
Consequences of transmission for the Transmitting Party
1. The reception of a convicted person by the Receiving Party presupposes the termination of the execution of the sentence by the Transferring Party.
2. The transferring Party has no right to execute its sentence when the Receiving Party considers its execution completed.
Article 9
Consequences of the transfer for the Receiving Party
1. The receiving Party continues the execution of the sentence in accordance with its legislation.
2. If the punishment by its nature or duration is incompatible with the legislation of the Receiving Party, that Party may adapt the punishment in accordance with the punishment provided for in its legislation for a similar crime. In this case:
a) The receiving Party should be based on the facts stated in the verdict of the Transferring Party.;
b) the adapted punishment in its nature and duration should not be stricter than the punishment imposed by the Transferring Party.;
c) The adapted punishment must not exceed the maximum length of punishment prescribed by the legislation of the Receiving Party for a similar crime.;
(d) The adapted punishment should not be limited to the minimum sentence applicable to a similar offence provided for by the legislation of the Receiving Party.;
(e) A custodial sentence may not be replaced by other non-custodial penalties; and
(f) The period of detention in the Transmitting Party is counted against the period of punishment in the Receiving Party.
3. When adapting the punishment in accordance with the previous part, the Receiving Party must send the Transmitting Party a copy of the certified court decision.
4. The receiving Party may, if, according to its legislation, the convicted person is a minor, treat him as a minor, regardless of his status under the legislation of the Transferring Party.
Article 10
Pardon, amnesty, or commutation of punishment
Either Party may apply a pardon, amnesty, or commute the sentence in accordance with its legislation, which it informs the other Party about.
Article 11
Maintaining jurisdiction
The transferring Party retains jurisdiction to review its verdict.
Article 12
Termination and change of sentence
The receiving Party is obliged to terminate the execution of the sentence as soon as it is informed by the Transmitting Party of any decision resulting in the termination of the sentence. The same should be applied if the sentence is changed.
Article 13
Information about the execution of the sentence
1. The Receiving Party shall provide the Transmitting Party with information on the execution of the sentence if:
a) The execution of the sentence has been completed;
(b) The convicted person has been granted parole; or
c) The convicted person escaped or died before the sentence was fully executed.
2. The Receiving Party must, at the request of the Transferring Party, provide any other information requested in connection with the execution of the sentence.
Article 14
Transit
1. Either Party, in accordance with its legislation and without prejudice to its interests, has the right to allow transit through its jurisdiction of a convicted person transferred by a third party to another Party or by another Party to a third Party.
2. The transit request must contain information about the person being transported, including a certified copy of the document certifying his nationality, a summary of the circumstances of the case, a certified extract from the criminal law on the basis of which the person was convicted, and a copy of the document authorizing the transfer of the person. In urgent cases, a transit request can also be sent through the International Criminal Police Organization (Interpol).
3. The transit Party must, within its jurisdiction, keep the person being transported in custody.
4. A transit permit is not required if it is carried out by air and no landing is planned in the transit Area. In the event of an unplanned landing on the Transit Side, the Transit Party shall notify the transit Party accordingly. While awaiting a transit request, the Transit Party must detain the person being transported for up to fifteen (15) days. The Party requesting transit must send the request within the time limits determined by the Transit Party.
5. A person held in custody in accordance with paragraph 4 of this Article may be released if the transit request is not received within the time limits determined by the Transit Party, or transportation is not continued within fifteen (15) days.
Article 15
Language
Unless otherwise agreed by the Parties:
a) The request for the transfer of a convicted person and other relevant documents and information must be drawn up in the official language of the Requesting Party and translated into the official language of the Requested Party or into English.;
b) The response to the request must be written in the official language of the Requested Party and translated into the official language of the Requesting Party or into English.
Article 16
The validity of documents
Documents signed by an official and duly stamped by the central or competent authorities are considered certified and acceptable for all purposes in the transfer procedure and do not require further legalization, certification or authentication.
Article 17
Expenses
1. The receiving Party shall cover the costs incurred in connection with the transportation of the convicted person from the Transferring Party and the continuation of the execution of the sentence after the transfer.
2. The transferring Party shall bear all other costs incurred in its jurisdiction in connection with the procedure related to the transfer request.
3. The expenses related to the detention of a person during his transit shall be borne by the transit Party.
4. Unforeseen expenses must be incurred on the terms agreed upon by the Parties.
5. The Parties shall bear the costs associated with the implementation of this Agreement, to the extent permitted by their legislation. In the event that the costs exceed such limits, the Parties may resolve the issue through consultations.
Article 18
Relationship with other international agreements
This Agreement does not affect the implementation by both Parties of any international agreements applicable to them.
Article 19
Dispute resolution
Any differences arising in connection with the application or interpretation of this Agreement shall be resolved through consultations and negotiations between the central authorities of the Parties. If the central authorities of the Parties cannot reach an agreement, the differences should be resolved through diplomatic channels.
Article 20
Amendments
This Agreement may be amended by mutual written agreement of the Parties. Such amendments will be integral parts of this Agreement and will enter into force in accordance with paragraph 1 of Article 21 of this Agreement.
Article 21
Entry into force and termination
1. This Agreement is concluded for an indefinite period and shall enter into force upon the expiration of thirty (30) days from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the relevant legal procedures necessary for the entry into force of this Agreement.
2. This Agreement shall terminate upon the expiration of one hundred and eighty (180) days from the date of receipt by one of the Parties of a written notification by the other Party of its intention to terminate this Agreement.
3. In the event of termination of this Agreement, the transfer procedures initiated during its validity period shall remain in force until they are fully implemented.
4. The termination of this Agreement does not affect the continuation by the Parties of the execution of sentences against persons transferred in accordance with this Agreement.
5. This Agreement applies to any requests submitted after its entry into force, regardless of the date of the person's conviction.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.
It's been done _______________ 20 __ in two copies, each in Kazakh, Chinese and English, all texts being equally authentic.
In case of any disagreement in the interpretation of this Agreement, the Parties will refer to the English text.
For the Republic of Kazakhstan
For the Special Administrative Region of the People's Republic of Macau
_____________________
President
Republic of Kazakhstan
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