On signing an Agreement between the Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China on the extradition of Fugitive criminals

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Decree of the President of the Republic of Kazakhstan dated April 30, 2026 No. 1256.

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 extradition of fugitive criminals.

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 extradition of Fugitive Criminals, authorizing amendments and additions that are not fundamental.

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. 1256

Project

Agreement between the Republic of Kazakhstan and the Macao Special Administrative Region of the People's Republic of China on the Extradition of Fugitive Criminals

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 the strengthening of cooperation in matters of mutual extradition of fugitive criminals,

Reaffirming their respect for each other's legal system and judicial institutions,

have agreed on the following:

Article 1

Obligation to issue

Each Party, in accordance with the terms of this Agreement and its legislation, undertakes to extradite any person under its jurisdiction who is wanted by the other Party for crimes specified in Article 2 of this Agreement, in respect of which the other Party has jurisdiction, for the purpose of criminal prosecution or enforcement of a court verdict that has entered into force.

Article 2

Crimes

1. For the purposes of this Agreement, the extradition of fugitive criminals may be granted only in respect of any act or omission that, at the time of the request, constitutes an offence punishable under the laws of both Parties by imprisonment for a term of at least one (1) year or a more severe penalty.

2. If the extradition relates to a person wanted for the execution of a court sentence, an additional requirement is that the unserved sentence must be at least six (6) months.

3. When determining whether a crime is punishable in accordance with paragraph 1 of this article:

a) it does not matter whether the legislation of the Parties classifies the act or omission constituting this crime into a similar category of crimes or whether this crime is designated by the same or different terminology.;

(b) The totality of the actions or omissions imputed to the person whose extradition is required is taken into account, and it does not matter whether the constituent elements of the crime differ according to the legislation of the Parties.

4. If the crime was committed outside the jurisdiction of the Requesting Party, extradition is carried out on condition that the legislation of the Requested Party provides for criminal prosecution for crimes committed outside its jurisdiction in the same circumstances.

5. If the request for the extradition of a person relates to two or more crimes, each of which is punishable by imprisonment in accordance with the laws of both Parties, but some of them do not contain the features provided for in paragraphs 1 and 2 of this article, extradition may also be granted for all crimes, provided that the person must be extradited, at least for one crime for which extradition can be granted.

Article 3

Mandatory grounds for refusal of extradition

1. The issue is not carried out if:

a) extradition, in the case of the Republic of Kazakhstan, may harm the sovereignty, security, public order or other essential interests, or in the case of the Macao SAR, may harm the national defense, foreign affairs and 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 requested Party will consider that the act in connection with which extradition is requested is a political crime or a crime related to a political crime.;

c) The requested Party has reasonable grounds to believe that the extradition request is aimed at criminalizing or punishing a person on the basis of his race, religion, nationality, ethnic origin, political beliefs, social status, or that the situation of this person may be worsened for any of these reasons;

d) The wanted person has been convicted or acquitted of a crime for which extradition is requested from the Requested Party.;

e) At the time of receipt of the request, criminal prosecution under the legislation of the Requested Party cannot be initiated or the sentence cannot be carried out due to the expiration of the statute of limitations or for other reasons in accordance with the legislation of the Requested Party. The expiration of the limitation period is determined according to the legislation of the Requested Party. At the request of the Requested Party, the Requesting Party must explain the actions or events that led to the interruption or suspension of the statute of limitations in accordance with its legislation, and they can be taken into account by the Requested Party.;

f) The requested Party will consider that the extradition is contrary to its legislation or applicable international treaties.;

g) A request refers to a crime that, according to the legislation of the Requesting Party, is punishable by death, life imprisonment or indefinite imprisonment, or to a punishment that may cause physical harm to a person if the Requesting Party does not provide sufficient guarantees to the Requested Party that such punishments will not be imposed or, if already imposed, will not will be executed;

h) An extradition request refers to an offence considered by the legislation of the Requested Party as a military offence, which is also not a crime under ordinary criminal law.

2. For the purposes of subparagraph (b) of paragraph 1 of this article, a political crime or an offence related to a political crime does not include:

a) murder or attempt on life, or encroachment on the personality of the Head of State or the Head of Government or their family members;

(b) Any criminal offence which, on the basis of an international multilateral treaty applicable to both Parties, the Parties do not consider to be a political offence or a crime related to a political offence.

Article 4

Optional grounds for refusal of extradition

Extradition may be refused in the following cases::

(a) If the Requested Party, taking into account the gravity of the crime and the interests of the Requesting Party, considers that the extradition of the person would be incompatible with considerations of humanity due to the age, state of health or other personal circumstances of the person sought.;

(b) When the offence for which extradition is sought is considered by the law of the Requested Party to have been committed within its jurisdiction;

c) when a criminal investigation or judicial proceeding in relation to an offence for which extradition is requested is being conducted by the Requested Party against the person whose extradition is requested;

d) when the competent authorities of the Requested Party have decided either not to initiate or terminate criminal proceedings against the person for the crime for which extradition is requested; or

e) if the wanted person has been acquitted or convicted in a third Party of the same crime for which extradition is requested, and, if convicted, the sentence imposed has been fully executed or is no longer enforceable.

Article 5

Extradition of own citizens and permanent residents

1. The Republic of Kazakhstan reserves the right to refuse to extradite its citizens, and the Macao SAR reserves the right to refuse to extradite citizens of the People's Republic of China and permanent residents of the Macao SAR, except for permanent residents of the Macao SAR who are citizens of the Republic of Kazakhstan.

2. If, at the time of receipt of the extradition request, the person to be extradited has acquired the nationality or permanent residence of the Requested Party, the provisions contained in Article 6 of this Agreement shall apply.

Article 6

Criminal prosecution by the Requested Party

1. If the Requested Party has refused extradition on the basis of subparagraph (b) of Article 4 or Article 5 of this Agreement, it shall, at the request of the other Party, be obliged to prosecute the offence for which extradition is requested.

2. If the Requested Party has refused extradition on the basis of subparagraph (g) of paragraph 1 of Article 3 of this Agreement, it may, at the request of the other Party and to the extent permitted by its legislation, prosecute the offence for which extradition is requested.

3. If the Requested Party has refused extradition on the basis of subparagraph (a) of Article 4 of this Agreement, it may, at the request of the other Party and within the limits permitted by its legislation, carry out criminal prosecution for the crime in connection with which extradition is requested.

4. For the purposes of this article, the Requesting Party shall provide the Requested Party with the materials of the criminal case with documents, evidence and any other information available to it.

5. The Requested Party shall promptly inform the Requesting Party of the actions taken in accordance with the request for possible judicial proceedings and the final procedural decision.

Article 7

Central authorities

1. The parties cooperate through their central authorities.

2. The central authorities are:

a) for the Republic of Kazakhstan – the Prosecutor General's Office;

b) For the Macao SAR, the Public Prosecutor's Office of the Macao SAR.

3. Each Party may change its central authority, in which case it must inform the other Party of such a change in writing.

Article 8

Extradition request and supporting documents

1. An extradition request must be made in writing and contain the following:

a) documents, statements, or other information identifying the wanted person, including name, date of birth, gender, nationality, and, if possible, physical description, photographs, fingerprints, and the intended location of the person, as well as any other information confirming that the person is wanted.;

b) information about the circumstances of the crime for which extradition is requested, including the date and place of its commission, as well as the procedural status of the case.;

c) information on legislation containing the main elements, the qualification of the crime and the punishment for the crime for which extradition is requested;

d) an extract from the law on the limitation of the term of criminal prosecution or execution of punishment and information on its application in relation to the crime for which extradition is requested;

e) if the crime for which extradition is requested was committed outside the Requesting Party, an extract from the law providing for the jurisdiction of the Requesting Party for such crime.

2. In addition to the provisions of paragraph 1 of this article, an extradition request must be accompanied by:

a) when requesting a person for criminal prosecution, the following documents are attached to it::

i) certified copies of the decision on the qualification of the suspect's act or the indictment, as well as the court's decision on arrest or arrest warrant;

(ii) Information describing evidence confirming that the wanted person has committed the crime for which extradition is sought;

(b) When requesting the execution of a court sentence, it must be accompanied by a copy of the court's arrest warrant or arrest warrant, a certified copy of the final and enforceable court sentence of the Requesting Party, and a certificate of the parts of the sentence served and to be served.

3. If a person has been convicted in absentia, the Requesting Party must provide an extract of the legal provisions concerning the possibility of appealing the verdict or retrial.

Article 9

Additional information

1. If the information provided by the Requesting Party is insufficient, the Requested Party has the right to request additional information and set a deadline for its submission. This period may be extended if the Requesting Party provides a proper justification.

2. If the wanted person is under arrest and the additional information provided is insufficient in accordance with this Agreement or is not received within the time period specified in paragraph 1 of this article, the person shall be released from custody. However, such release of a person does not prevent the Requesting Party from sending a new request for the extradition of that person.

3. If a person is released from custody in accordance with paragraph 2 of this Article, the Requested Party shall notify the Requesting Party as soon as possible.

Article 10

The validity of documents

1. Documents signed by an official and duly stamped by the central authority or the competent authorities of the parties are considered certified and acceptable for all purposes in the extradition procedure of the wanted person and do not require further legalization, certification or authentication.

2. Unless otherwise agreed by the Parties:

a) the extradition request and all other related 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 submitted in the official language of the Requested Party and translated into the official language of the Requesting Party or into English.

Article 11

Decision on the extradition request

1. The requested Party shall decide on the extradition request in accordance with the provisions of this Agreement and its legislation and inform the Requesting Party of its decision.

2. If the Requested Party refuses the extradition request in whole or in part, such a decision should be explained.

3. In case of refusal of extradition on formal grounds, the Requesting Party has the right to resubmit the extradition request after observing the necessary formalities.

Article 12

Special rule

1. A person extradited in accordance with this Agreement may not be subjected to criminal prosecution, detention, conviction, punishment, extradition or any other measure restricting personal freedom for any other crime committed prior to his extradition, except in the following cases:

a) if the crime, however named, is based on the same facts on the basis of which extradition was granted, provided that such crime is one of those for which a person could be extradited in accordance with this Agreement, no more severe punishment is provided for such crime than the punishment for the crime, for which it was issued;

b) if the extradited person left the Requesting Party after his extradition and voluntarily returned back;

c) if the extradited person has not left the Requesting Party within thirty (30) days from the moment when he had the opportunity to do so. However, this period does not include the time during which the above-mentioned person did not leave the Requesting Party for reasons beyond his control.;

(d) If the Requested Party has given its consent.

2. For the purposes of subparagraph (d) of paragraph 1 of this Article, the Requested Party may require the submission of the documents referred to in Article 8 of this Agreement, as well as a written statement made by the extradited person in respect of the relevant offence.

Article 13

Preliminary arrest

1. In urgent cases, the wanted person may, in accordance with the legislation of the Requested Party, be arrested in advance at the request of the Requesting Party before receiving an extradition request.

2. A request for provisional arrest may be sent directly between the central authorities or with the assistance of the International Criminal Police Organization (Interpol). A request for a preliminary arrest can be transmitted using technical means of communication. The original request must be sent simultaneously by mail.

3. The request for preliminary arrest must contain:

a) a description of the wanted person, including identification data, as well as information about citizenship or residence;

b) if known, information about his whereabouts;

(d) Applicable provisions of the criminal law;

f) a certificate of an existing court decision on arrest or a detention order or an existing court verdict against the wanted person; and

f) a guarantee that the request for extradition of the wanted person will be submitted as soon as possible.

4. The requested Party shall immediately inform the Requesting Party of the results of the examination of the request for provisional arrest.

5. If, after forty (40) days from the date of arrest, the Requested Party has not received an extradition request and supporting documents, the arrested person is subject to release. However, such release of a person does not preclude the re-arrest and extradition of that person if the Requested Party subsequently receives an extradition request and supporting documents.

Article 14

Competing requests

1. If the Requested Party receives requests from the Requesting Party and any other Party for the extradition of the same person for the same or for different crimes, the Requested Party, in accordance with its legislation, determines which party to extradite this person to and notifies each requesting Party of its decision.

2. When making a decision in accordance with paragraph 1 of this Article, the Requested Party must take into account all the circumstances and, in particular,:

(a) Is there any existing agreement between the Requested Party and the Requesting Party or the other Party;

(b) The place where the crime was committed;

(d) The severity of the offences;

e) the nationality and residence of the wanted person;

(f) The possibility of subsequent extradition between the requesting parties; and

g) the dates of receipt of requests.

3. In the case of the Macao SAR, the provisions of this Agreement do not affect the extradition arrangements between the Macao SAR and other jurisdictions of the People's Republic of China.

Article 15

Face recognition

1. Unless otherwise agreed by the Parties, upon granting an extradition request, the Parties shall as soon as possible agree on the date, place in the Requested Party where the person is to be transferred, and any other conditions related to extradition.

2. The requested Party shall determine the time limits within which the wanted person must be removed from its jurisdiction and inform the Requesting Party of the length of the period of the person's detention for the purpose of extradition, which is subsequently counted towards the total term of punishment.

3. If, during the period specified in paragraph 2 of this Article, the Requesting Party does not receive the wanted person, the Requested Party shall immediately release that person from custody and shall have the right to refuse to grant a new extradition request against that person for the same crime, except in the case provided for in paragraph 4 of this Article.

4. If circumstances beyond the control of one of the Parties prevent the transfer or export of the extradited person, one of the Parties must notify the other Party as soon as possible. In this case, the Parties must agree on a different date and other necessary conditions for extradition.

Article 16

Postponement or temporary release

1. If a wanted person is being prosecuted or is serving a sentence in the Requested Party for committing a crime other than the one for which extradition is requested, the Requested Party has the right, after making a decision to extradite the person, to delay his actual transfer until the end of the trial or until the full execution of the verdict of its court. In the event of such a delay, the Requested Party must notify the Requesting Party.

2. If the postponement of extradition may significantly complicate the investigation of the case or judicial proceedings, or lead to the expiration of the statute of limitations, at the request of the Requesting Party, the Requested Party may, instead of postponing extradition, temporarily extradite the wanted person to the Requesting Party on mutually agreed terms and conditions for the purpose of criminal prosecution.

3. A person who has been temporarily extradited, in accordance with paragraph 2 of this Article, must be held in custody during the period of his stay in the Requesting Party and must be returned immediately after the completion of procedures in respect of this person in accordance with the terms and conditions agreed between the Parties.

4. The period of detention of a person in the Requesting Party upon temporary extradition must be counted towards the period of serving the sentence in the Requested Party.

5. If the extradition of a wanted person for health reasons could endanger his life, the Requested Party may delay the extradition of the person. In this case, a detailed medical report should be provided.

Article 17

Transfer of objects and property

1. At the request of the Requesting Party, the Requested Party may, in accordance with its legislation, seize proceeds and instruments of criminal activity, as well as other items and property that may serve as evidence found in its jurisdiction, and, if extradition is granted, transfer them to the Requesting Party.

2. The items and property referred to in paragraph 1 of this Article may also be transferred by the Requested Party, even if the extradition of the wanted person cannot be carried out, in particular due to the death or escape of the wanted person.

3. In order to conduct other criminal proceedings, the requested Party may temporarily delay the transfer of the items and property specified in paragraph 1 of this Article or temporarily transfer them to the Requesting Party on the terms of return.

4. If required by the legislation of the Requested Party or to protect the rights of third parties, the Requesting Party, at the request of the Requested Party, is obliged to return the transferred items and property free of charge after the completion of the proceedings as soon as possible.

Article 18

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 persons extradited by a third Party to the other Party.

2. The transit request must contain a description of the person being transported, including a court decision on arrest or a detention order, or a court verdict against the wanted person, information about his nationality and a summary of the circumstances of the case, accompanied by a copy of the document confirming the extradition of the person. A request for transit in urgent cases can also be sent through Interpol.

3. The requested Party must detain the person being transported within its jurisdiction.

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 19

Expenses and representation

1. The Requested Party may, at the request of the Requesting Party, take the necessary measures for legal representation and assistance in its jurisdiction in any proceedings arising in connection with a request for the extradition of a wanted person. If the Requesting Party independently takes measures for legal representation and assistance, it will cover all costs incurred.

2. The requesting Party shall cover the costs incurred in connection with the transportation of the extradited person from the Requested Party to the Requesting Party, including transit costs.

3. The requested Party shall cover all other expenses incurred in its jurisdiction in connection with the proceedings related to the extradition request.

4. The expenses related to the detention of a person during his transit shall be covered by the Transit Party.

5. Unforeseen expenses are covered by agreement of the Parties.

6. The Parties shall cover the costs associated with the implementation of this Agreement, to the extent permitted by their legislation. If the costs exceed such limits, the Parties can resolve the issue through consultations.

Article 20

Notification of results

The requesting Party shall provide the Requested Party with information on criminal prosecution, judicial proceedings, or the enforcement of a court sentence against the extradited person, or information on his or her extradition to a third Party.

Article 21

Relationship with other international agreements

This Agreement does not affect the implementation by both Parties of any international agreements applicable to them.

Article 22

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 23

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 24 of this Agreement.

Article 24

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 the written notification by the other Party of the intention to terminate this Agreement.

3. In the event of termination of this Agreement, the extradition procedures initiated during its validity period shall remain in force until they are fully implemented.

4. This Agreement applies to any requests submitted after its entry into force, regardless of the date of the crime.

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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