On the ratification of the Agreement between the Government of the R K and the Government of the Kyrgyz Republic on Readmission and the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Readmission

Home / RLA / On the ratification of the Agreement between the Government of the R K and the Government of the Kyrgyz Republic on Readmission and the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Readmission

On the ratification of the Agreement between the Government of the R K and the Government of the Kyrgyz Republic on Readmission and the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Readmission

The Law of the Republic of Kazakhstan dated June 15, 2017 No. 74-VI.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Readmission and the Executive Protocol on the procedure for implementing the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Readmission, signed in Astana on October 17, 2016.

President

Republic of Kazakhstan

N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and the Government of of the Kyrgyz Republic on readmission

(Entered into force on August 10, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 5, art. 74

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

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

Convinced that the implementation of the principles and norms agreed upon by the Parties, which determine the procedure for the return, reception and transfer of persons staying in the territories of their States in violation of the current procedure for entry and stay of foreign citizens and stateless persons, is an important component of the regulation of migration processes, a contribution to the fight against illegal migration,

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

Emphasizing that this Agreement does not detract from the rights, obligations and responsibilities of the States Parties under international law, including the norms of international law enshrined, in particular, in the Universal Declaration of Human Rights of December 10, 1948, the Convention relating to the Status of Refugees of July 28, 1951 and the Protocol relating to the Status of Refugees of January 31, 1967, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984,

Noting the increasing interest of the States of the Parties in the harmonization of their legislation in the field of migration,

have agreed on the following:

Article 1 Definitions

The definitions used in this Agreement mean the following:

1) "readmission" means the transfer by the competent authorities of the State of the requesting Party and the reception by the competent authorities of the State of the requested Party, in accordance with the procedure, conditions and purposes provided for in this Agreement, of persons who have entered or are in the territory of the State of the requesting Party in violation of the legislation of that State on the entry, exit and stay of foreign citizens and stateless persons;

2) "Requesting Party" means the Party whose central competent authority sends a request for the readmission or transit of a person in accordance with this Agreement.;

3) "requested Party" means the Party to whose central competent authority a request has been sent for the readmission or transit of a person in accordance with this Agreement.;

4) "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;

5) "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, who are subject to paragraph 1 of Article 2 of this Agreement.;

6) "competent authorities" – the authorities of the States of the Parties involved in the implementation of this Agreement;

7) "central competent authorities" – the competent authorities of the States of the Parties, which are entrusted with the main tasks of implementing this Agreement.;

8) "state border checkpoint" – a checkpoint across the State Border of the Republic of Kazakhstan or the State Border of the Kyrgyz Republic, established in accordance with the legislation of the states of the Parties or international treaties;

9) "personal data" means any information related to a specific individual or determined on the basis of such information.;

10) "Executive Protocol" – a protocol on the procedure for the implementation of this Agreement;

11) "transit" means the passage of a citizen of a third country or a stateless person through the territory of the State of the requested Party en route from the State of the requesting Party to the destination State.

Article 2 Readmission of citizens of the States of the Parties

1. The central competent authority of the State of the requested Party, at the request of the central competent authority of the State of the requesting Party, accepts persons who have entered the territory of the State of the requesting Party or are in violation of the legislation of that State on the entry, exit and stay of foreign citizens and stateless persons, if it is established that these persons are citizens of the State of the requested Party.

2. If necessary, the competent authorities of the State of the requested Party shall issue to the transferred persons the documents necessary for their entry into the territory of its State.

3. The list of documents on the basis of which a person's citizenship of the state of one of the Parties is determined is provided in the Executive Protocol.

The Parties shall exchange samples of documents through diplomatic channels within 30 (thirty) calendar days from the date of entry into force of this Agreement and the Executive Protocol. Subsequently, each Party shall immediately notify the other Party through diplomatic channels of any changes to such documents.

4. If none of the documents provided for in paragraph 3 of this Article can be submitted, the central competent authorities of the States of the Parties shall agree to conduct an interview with the person subject to readmission in the territory of the requesting State in order to obtain information about his nationality. The interview procedure is carried out in accordance with the Executive Protocol.

5. The central competent authority of the requesting State shall take back the transferred person within 30 (thirty) calendar days from the date of his transfer, if it is established that there are no grounds for his readmission provided for in paragraph 1 of this Article. In this case, the central competent authority of the State of the requested Party shall transmit to the central competent authority of the State of the requesting Party the materials at its disposal concerning this person.

Article 3 Readmission of third-country nationals and stateless persons

1. The central competent authority of one Party, at the request of the central competent authority of the other Party, accepts third-country nationals and stateless persons into the territory of its State, provided that it is documented that such persons entered the territory of the State of the requesting Party directly from the territory of the State of the requested Party and do not comply or no longer comply with the conditions and rules of entry to the territory of the requesting Party's State.

In the event of any difficulties in the application of paragraph 1 of this Article, the Parties shall closely cooperate in each individual case for the readmission of third-country nationals and stateless persons.

2. The readmission obligation provided for in paragraph 1 of this article does not apply if a citizen of a third State or a stateless person:

1) arrived legally on the territory of the requesting Party's State in a visa-free manner in accordance with an international treaty to which the requesting Party's State is a party;

2) immediately before arrival in the territory of the requesting Party's State, they were exclusively in the transit zone of the international airport in the territory of the requested Party's State;

3) if one of the Parties has issued a visa or residence permit to a citizen of a third State or a stateless person before or after entering the territory of its state, with the exception of the following cases:

- this person has a visa or residence permit issued by the requested Party and has a longer validity period.;

- the visa or residence permit issued by the requested Party was obtained using forged documents.

3. After receiving a positive response to the readmission request, the requesting Party shall issue to the person to be readmitted an exit document recognized by the requested Party, valid for at least 30 (thirty) days.

4. A list of documents indicating the existence of grounds for the readmission of third-country nationals and stateless persons is provided in the Executive Protocol.

The Parties shall exchange samples of such documents through diplomatic channels within 30 (thirty) calendar days from the date of entry into force of this Agreement and the Executive Protocol. Subsequently, each Party shall notify the other Party through diplomatic channels of any changes to such documents.

Article 4 Request for readmission

1. For the transfer of a person subject to readmission, on the basis of one of the conditions provided for in this Agreement, the central competent authority of the State of the requesting Party shall send a request for readmission to the central competent authority of the State of the requested Party.

2. If the person to be readmitted has a valid national passport of the requested State, a readmission request is not required. The transfer of such persons is carried out in accordance with article 9 of the Executive Protocol.

3. The central competent authority of the State of the requested Party shall, within 30 (thirty) calendar days from the date of receipt of the request for the readmission of a person, consent to admission or a reasoned refusal to admit him, if the competent authorities of the State of the requested Party have established the absence of the conditions necessary for the transfer of this person provided for in this Agreement.

4. If there are circumstances of a legal or factual nature that prevent a timely response to a person's readmission request, the response period based on a reasoned request from the central competent authority of the requested Party's State is extended to 60 (sixty) calendar days.

Article 5 Terms of transfer and reception of persons

1. The transfer of persons in respect of whom the requested Party has agreed to readmission shall be carried out within 30 (thirty) calendar days from the date of receipt of such consent by the requesting Party, unless otherwise agreed by the central competent authorities of the States of the Parties in each specific case.

2. The period specified in paragraph 1 of this Article may be extended if the person subject to readmission cannot be transferred to the requested Party due to circumstances objectively impeding the transfer.

3. If it is impossible to transfer a person in respect of whom the requested Party has agreed to readmission, the central competent authority of the State of the requesting Party shall send a corresponding written notification to the central competent authority of the State of the requested Party.

Article 6 Transit

1. The central competent authority of the State of the requested Party, at the request of the central competent authority of the State of the requesting Party, shall permit the transit of third-country nationals and stateless persons transferred by readmission to third countries through the territory of the State of the requested Party, if the competent authorities of the State of the requesting Party guarantee that the persons referred to in this paragraph will be granted entry into the territory of the third State regardless of whether it is a transit State or a destination State.

2. The transit of the persons referred to in paragraph 1 of this Article may be carried out accompanied by employees of the competent authorities of the requesting State.

3. Unless otherwise agreed by the central competent authorities of the States of the Parties in each specific case, a request for transit of the persons referred to in paragraph 1 of this Article shall be sent no later than 15 (fifteen) 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.

4. The central competent authority of the State of the requested Party shall, within 7 (seven) calendar days from the date of receipt of the request for transit of the persons referred to in paragraph 1 of this Article, give consent to transit or a reasoned refusal to transit.

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 central competent authority of the State of the requested Party may refuse transit of the person referred to in paragraph 1 of this Article in cases where:

1) there is a threat that in the destination State or another transit State such a 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 belonging to a certain social group or on the basis of political beliefs;

2) the presence of such a person in the territory of the requested Party's State is undesirable, in particular for reasons of national security, 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 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 these persons, as well as if access to the territory of another destination or transit State can no longer be considered guaranteed.

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

9. The Parties carry out transit of third-country nationals and stateless persons mainly by air and rail.

Article 7 Protection of personal data

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 its legislation on personal data protection and international treaties to which the States of the Parties are parties.

2. The competent authorities of the States of the Parties shall exchange personal data in compliance with the following conditions:

1) personal data may be used only for the purposes of this Agreement;

2) the competent authorities of the States of the Parties shall ensure the confidentiality of personal data obtained in accordance with this Agreement and shall not transfer them to a third party, except with the written consent of the competent authorities of the State of the Party that transferred the personal data, and notify the competent authorities of the State of the Party that transferred such data about how they were used;

3) the competent authorities of the States of the Parties shall ensure the protection of personal data from loss, unauthorized access, alteration or disclosure.

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 themselves or by third parties.

2. The costs associated with 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 third parties.

3. The costs associated with the transfer of the persons referred to in paragraph 5 of Article 2 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 will conclude an Executive Protocol, which contains rules concerning:

1) the competent authorities of the States of the Parties 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 Agreement

1. Each Party may, for reasons related to the protection of national security, ensuring public order or protecting public health, partially or completely suspend the application of this Agreement.

2. One Party shall notify the other Party in writing through diplomatic channels of the suspension or resumption of the application of this Agreement no later than 72 (seventy-two) hours before the start of the implementation of such a decision.

Article 11 Dispute resolution

1. All disputes arising in the relations between the Parties and related to the implementation or interpretation of this Agreement are resolved through consultations and negotiations between the Parties.

2. The procedure for consultations and negotiations is determined by agreement of the Parties.

Article 12 Relation to other international treaties

1. This Agreement does not affect the rights and obligations of each of the Parties arising from other international treaties to which its State is a party.

2. This Agreement does not prevent the return of a person on the basis of other international treaties to which the States of the Parties are parties.

Article 13 Final provisions

1. Subject to paragraph 2 of this Article, this Agreement shall enter into force upon the expiration of 30 (thirty) calendar days from the date of receipt through diplomatic channels of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.

2. The provisions of Article 3 of this Agreement shall begin to apply after 3 (three) years from the date of entry into force of this Agreement. During this three-year period, these provisions apply only to citizens of those third countries and to stateless persons from those third countries with which the Republic of Kazakhstan and the Kyrgyz Republic have concluded international readmission agreements.

3. The Parties may, by mutual agreement, make amendments and additions to this Agreement, formalized by separate protocols, which are integral parts of this Agreement and enter into force in accordance with the procedure provided for in paragraph 1 of this Article.

4. This Agreement is concluded for an indefinite period and its validity is terminated upon the expiration of 60 (sixty) calendar days from the date of receipt by one Party through diplomatic channels of a written notification by the other Party of its intention to terminate it.

5. In case of termination of this Agreement, the Parties will settle the obligations that arose during its validity period.

Done in Astana on October 17, 2016, in two copies, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall use the text in Russian.

For the Government of the Republic of Kazakhstan

For the Government Of the Kyrgyz Republic

Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Readmission

(Entered into force on August 10, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 5, art. 74

The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, 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 Kyrgyz Republic on Readmission dated October 17, 2016 (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 Kazakh side:

The central competent authority is the Ministry of Internal Affairs of the Republic of Kazakhstan;

The competent authorities are the Ministry of Foreign Affairs of the Republic of Kazakhstan and the National Security Committee of the Republic of Kazakhstan.;

from the Kyrgyz side:

The central competent authority is the Ministry of Internal Affairs of the Kyrgyz Republic;

The competent authorities are the Ministry of Foreign Affairs of the Kyrgyz Republic and the State Committee for National Security of the Kyrgyz Republic.

2. The Parties shall immediately inform each other through diplomatic channels about changes concerning the competent authorities referred to in paragraph 1 of this article.

3. In order to implement the provisions of the Agreement and this Executive Protocol, the central competent authorities interact directly with each other.

4. In order to implement this Executive Protocol, the central competent authorities shall inform each other in writing through diplomatic channels of their contact details within 30 (thirty) calendar days from the date of its entry into force.

5. The central competent authorities shall immediately notify each other in writing of changes in their contact details.

Article 2 Proof of citizenship

1. The citizenship of the Republic of Kazakhstan is confirmed by the following documents:

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 the Republic of Kazakhstan;

5) seaman's certificate;

6) Certificate of return;

7) birth certificate for children under the age of 16, with an insert certificate (with a photo) indicating their citizenship of the Republic of Kazakhstan.

2. The existence of citizenship of the Kyrgyz Republic is confirmed by the following documents:

1) a diplomatic passport;

2) official passport;

3) passport of a citizen of the Kyrgyz Republic in 1994;

4) passport of a citizen of the Kyrgyz Republic in 2004 (ID - card);

5) a general-purpose passport of a citizen of the Kyrgyz Republic issued in 2004 and 2006;

6) identification card (military ID) military personnel;

7) birth certificate for children under the age of 16 with an insert certificate (with a photo) indicating their citizenship of the Kyrgyz Republic;

8) certificate of return to the Kyrgyz Republic.

3. There are grounds to believe that a person has the citizenship of the Republic of Kazakhstan, if any:

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

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

3) other documents, other than those specified in paragraph 1 of this Article, issued by the relevant state bodies of the Republic of Kazakhstan;

4) applications in the form specified in Annex 1 to this Executive Protocol, filled in by the person subject to readmission;

5) written explanations of the witnesses, legally taken by the relevant competent authorities;

6) written explanations from competent government officials;

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

4. There are grounds to believe that a person has the citizenship of the Kyrgyz Republic, if any:

1) documents specified in paragraph 2 of this Article, the validity of which has expired;

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

3) other documents, besides those specified in paragraph 2 of this Article, issued by the relevant state bodies of the Kyrgyz Republic;

4) applications in the form specified in Annex 1 to this Executive Protocol, filled in by the person subject to readmission;

5) written explanations of the witnesses, legally taken by the relevant competent authorities;

6) written explanations from competent government officials;

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

Article 3 Evidence of the existence of grounds for the readmission of third-country nationals and stateless persons

1. The following documents serve as evidence of the existence of grounds for the readmission of third-country nationals and stateless persons:

1) an entry (exit) mark of the relevant authorized bodies of the states of the Parties in any form of an 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 a forged or forged document;

3) a valid residence permit in the territory of the requested Party's State;

4) a valid refugee certificate issued by the State of the requested Party;

5) a valid refugee travel document issued by the State of the requested Party;

6) a document certifying the identity of a citizen of a third country or a stateless person, with a mark granting the right to reside in the State of the requested Party (a residence permit for a foreigner or a certificate of a stateless person recognized by the Parties).

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

3. The following documents serve as indirect evidence of the existence of grounds for the readmission of third-country nationals and stateless persons:

1) a residence permit in the territory of the requested Party's State, a refugee certificate and a refugee travel document, the validity of which has expired no more than 180 (one hundred eighty) calendar days ago;

2) a visa issued by the competent authorities of the State of the requesting Party in the territory of the State of the requested Party, the validity of which has expired;

3) written explanations of government officials;

4) written explanations of the person subject to readmission, taken legally;

5) written explanations of the witnesses.

4. The documents referred to in paragraph 3 of this Article shall be recognized as grounds for the readmission of third-country nationals and stateless persons, unless the requested Party evidentially refutes them.

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 central competent authority of the requested Party's State.

Article 5 Interview

1. The primary responsibility for conducting an interview at the request of the central 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 central competent authority of the requested Party's State in the requesting Party's State.

2. In the absence of a representative of the central 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 (fourteen) calendar days from the date of receipt by a representative of the central 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 the request for conducting an interview, drawn up in accordance with Annex 2 to this Executive Protocol.

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

Article 6 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 3 to this Executive Protocol, shall be sent in writing by the central competent authority of the State of the requesting Party to the central competent authority of the State of the requested Party by mail or by means of technical means of communication, such as e-mail or fax.

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 specified 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 presence of which confirms or gives reason to assume that there are grounds for the readmission of these persons.

4. If necessary, the central competent authority of the requesting State shall indicate in section "B" of the readmission request additional information on the particular danger and health status of the person to be readmitted.

5. The response to the readmission request shall be sent to the central competent authority of the requesting Party's State by the central competent authority of the requested Party's State in writing by mail or by means of technical means of communication, such as e-mail or fax, within the time limits established by paragraph 3 of Article 4 of the Agreement.

Article 7 Procedure for sending and responding to a transit request

1. A transit request drawn up in accordance with Annex 4 to this Executive Protocol shall be sent in writing by the central competent authority of the State of the requesting Party to the central competent authority of the State of the requested Party by mail or by means of technical means of communication, such as e-mail or fax, within the time limits established by paragraph 3 of Article 6 of the Agreement.

2. If necessary, the central competent authority of the requesting State shall indicate in section "B" of the transit request additional information on the particular danger and health status of the person being transited.

3. The response to the transit request is sent to the central competent authority of the requesting Party's State by the central competent authority of the requested Party's State in writing by mail or by means of technical means of communication, such as e-mail or fax, within the time limits established by paragraph 4 of Article 6 of the Agreement.

Article 8 Escort of a person subject to readmission or transit

1. In cases of need for the readmission or transit of an escorted person, the central competent authority of the requesting State Party shall inform the central competent authority of the requested State Party of the names, surnames and positions of the accompanying persons, type, number, date of issue and validity of their passports, as well as the expected duration of their stay in the territory of the requested State.

2. Accompanying persons are obliged to comply with the 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 agreement regarding readmission or transit.

4. Accompanying persons may not carry weapons and other items that are restricted or withdrawn from circulation in the territory of the requested Party's State.

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 checkpoints across the state border of the States of the Parties established in accordance with the legislation of the States of the Parties or international treaties.

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

3. The central competent authority of the requesting Party's State shall notify the central competent authority of the requested Party of the conditions of such transfer provided for in paragraph 2 of this Article no later than five (5) business days prior to the planned date of transfer or transit of the person subject to readmission.

4. The central competent authority of the State of the requested Party shall, no later than four (4) business days after the date of receipt of the information specified in paragraph 3 of this Article, notify the central competent authority of the State of the requesting Party of the acceptability of the conditions of transfer.

5. If the terms of transfer proposed by the central competent authority of the requesting State are unacceptable to the central competent authority of the requested State, other terms of transfer must 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 1-4 to this Executive Protocol shall be drawn up by the competent authorities of the States of the Parties in Russian.

Article 11 Expenses

1. Expenses incurred by the requested Party during readmission or transit shall be reimbursed in accordance with paragraphs 1 and 2 of Article 8 of the Agreement by the requesting Party in a currency acceptable to both Parties within 30 (thirty) calendar days from the date of receipt of the notification of the expenses incurred, accompanied by financial documents confirming the expenses incurred.

2. Expenses incurred by one Party in transferring the persons referred to in paragraph 5 of Article 2 of the Agreement shall be reimbursed in accordance with paragraph 3 of Article 8 of the Agreement by the other Party, in a currency acceptable to both Parties, within 30 (thirty) calendar days from the date of receipt by it of the notification of the expenses incurred, accompanied by financial documents, confirming the expenses incurred.

Article 12 of the Annex

Annexes 1-4 to this Executive Protocol are an integral part of it.

Article 13 Final provisions

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

2. Amendments and additions may be made to this Executive Protocol by mutual agreement of the Parties.

Done in Astana on October 17, 2016, in two copies, each in the Kazakh, Kyrgyz and Russian languages, all texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Executive Protocol, the Parties shall use the text in Russian.

For the Government of the Republic of Kazakhstan

For the Government Of the Kyrgyz Republic

Appendix 1 to the Executive Protocol on the implementation Procedure Agreements between By the Government of the Republic Kazakhstan and the Government of the Kyrgyz Republic on readmission dated October 17, 2016

 APPLICATION OF the person subject to readmission in accordance with the Agreement between the Government of the Republic of Kazakhstan and the Government of of the Kyrgyz Republic on readmission dated October 17, 2016

1. Full name, last name (underline last name) _____________________________________ 2. Previous last name (if changed) _____________________________________________ 3. Date and place of birth _________________________________________________________ 4. Identification document (no., date of issue, issued by whom, validity period) ________________________________________________________________________________ ________________________________________________________________________________ 5. Citizenship __________________________________________________________________ 6. Information about close relatives residing in the territory of the requested Party's State, _________________________________________________________ _______________________________________________________________________________ 7. The address of the place of residence in the territory of the requested Party's State _______________________________________________________________________________ 8. Date of entry into the territory of the requesting State _______________________________________________________________________________ 9. The method of entry into the territory of the requesting Party's State _______________________________________________________________________________ 10. Purpose of entry into the territory of the requesting State ________________________________________________________________________________ 11. Other information _______________________________________________________________ ________________________________________________________________________________

Applicant's signature

" " _______________ 20__ G.

The place where the application was drawn up ______________________________________________ Signature of the representative of the central competent authority of the requesting State ______________________

Appendix 2 to the Executive Protocol on the implementation Procedure Agreements between By the Government of the Republic Kazakhstan and the Government of the Kyrgyz Republic on readmission dated October 17, 2016

The national emblem of the requesting State

________________________________________ (name of the central competent authority ________________________________________ authority of the requesting Party's State)

____________________________ (place and date)

Number ___________________________

Whom ______________________________________________

(name of the central competent authority States of the requested party)

Request for an interview in accordance with Article 5 of the Executive Protocol on the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Readmission dated October 17, 2016.

A. Personal data: 1. Full name, last name (underline last name) _________________________ ___________________________________________________________________ 2. Previous last name (if changed) _________________________________ 3. Date and place of birth _____________________________________________

Photo

married (married)

single

(single) divorced

Ah) ________________________________________ ( document type) _________________________________________ (the authority that issued the document)

________________________________________ (date and place of issue) ________________________________________ (expiration date)

b) ________________________________________ ( document type) __________________________________________ (the authority that issued the document)

________________________________________ (date and place of issue) ________________________________________ (expiration date)

in) ________________________________________ ( document type) __________________________________________ (the authority that issued the document)

________________________________________ (date and place of issue) ________________________________________ (expiration date)

B. Notes ________________________________________________________________________________ ________________________________________________________________________________ Location of the interview ______________________________________ Signature of the representative of the central competent authority of the requesting State ____________________________ M.P.

Appendix 3 to the Executive Protocol on the implementation Procedure Agreements between By the Government of the Republic Kazakhstan and the Government of the Kyrgyz Republic on readmission dated October 17, 2016

The national emblem of the requesting State

________________________________________ (name of the central competent authority ________________________________________ authority of the requesting Party's State)

____________________________ (place and date)

Number ___________________________

Whom ______________________________________________

(name of the central competent authority States of the requested party)

Request for readmission in accordance with article 6 of the Executive Protocol on the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic Republic of Moldova on readmission dated October 17, 2016

Photo

married (married)

single

(single) divorced

widower (widow) The name of the spouse (if married, married) and her (his) location ________________________________________________________________________________ ________________________________________________________________________________ The names and ages of the children (if any) and their location ________________________________________________________________________________ ________________________________________________________________________________ 8. Last location in the requesting Party's State ________________________________________________________________________________ 9. Last address in the requested Party's State ________________________________________________________________________________ ________________________________________________________________________________ 10. Last address of residence in the State of the requested Party ________________________________________________________________________________ ________________________________________________________________________________ 11. Information about travel routes ____________________________________________ ________________________________________________________________________________ 12. Grounds for making a decision on the illegal entry or stay of a person in the territory of the requesting State ________________________________________________________________________________ ________________________________________________________________________________ B. Special circumstances related to the transferred person 1. Health status (for example, possible indications of the need for special medical care, the name of an infectious disease) ________________________________ ________________________________________________________________________________ 2. A note about the special danger of the person (for example, suspected of committing a crime, a tendency to aggressive behavior, etc.) ________________________________________________________________________________ ________________________________________________________________________________ V. Attached evidence of citizenship 1. Documents confirming citizenship:

Ah) ________________________________________ ( document type) _________________________________________ (the authority that issued the document)

________________________________________ (date and place of issue) ________________________________________ (expiration date)

b) ________________________________________ ( document type) __________________________________________ (the authority that issued the document)

________________________________________ (date and place of issue) ________________________________________ (expiration date)

in) ________________________________________ ( document type) __________________________________________ (the authority that issued the document)

________________________________________ (date and place of issue) ________________________________________ (expiration date)

2. Documents giving grounds to assume citizenship ____________ ________________________________________________________________________________ ________________________________________________________________________________ G. Notes ________________________________________________________________________________ ________________________________________________________________________________ Signature of the representative of the central competent authority of the requesting State ______________________ M.P.

Appendix 4 to the Executive Protocol on the implementation Procedure Agreements between By the Government of the Republic Kazakhstan and the Government of the Kyrgyz Republic on readmission dated October 17, 2016

The national emblem of the requesting State

________________________________________ (name of the central competent authority ________________________________________ authority of the requesting Party's State)

____________________________ (place and date)

Number ___________________________

Whom ______________________________________________

(name of the central competent authority States of the requested party)

 Request for transit in accordance with Article 7 of the Executive Protocol on the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on Readmission dated October 17, 2016.

Photo

4. Gender and appearance description (height, eye color, distinguishing features, etc.) _____________ ________________________________________________________________________________ 5. It is also known as (former names, other names used by the person by whom he is known, or pseudonyms) ________________________________________________________ ________________________________________________________________________________ 6. Citizenship and language ____________________________________________________________ ________________________________________________________________________________ 7. Type and number of travel document _______________________________________________ ________________________________________________________________________________ B. Special circumstances related to the transferred person 1. State of health (for example, possible indications of the need for special medical care, the name of an infectious disease) ________________________________ 2. A note about the special danger of the person (for example, suspected of committing a crime, a tendency to aggressive behavior) _____________________________________________ ________________________________________________________________________________ V. Transit operation 1. Destination State ________________________________________________________________________________ ________________________________________________________________________________ 2. Other possible transit States __________________________________________ ________________________________________________________________________________ 3. Proposed place of crossing the state border, date, time and possible escort ________________________________________________________________________________ ________________________________________________________________________________ 4. Route and transit time ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ G. Notes ________________________________________________________________________________ ________________________________________________________________________________ The acceptance of a person is guaranteed by another transit State and/or destination State. Signature of the representative of the central competent authority of the requesting State ______________________ M.P. RCPI's note! The text of the Agreement and the Executive Protocol in Kyrgyz is attached.

President

Republic of Kazakhstan

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