On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Hungary on the Readmission of Persons Illegally Residing in their Countries

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of Hungary on the Readmission of Persons Illegally Residing in their Countries

The Law of the Republic of Kazakhstan dated February 18, 2015 No. 287-V SAM

To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of Hungary on the readmission of persons Illegally Residing in their countries, signed in Budapest on June 3, 2014.

President of the Republic of Kazakhstan N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and the Government of Hungary on the readmission of persons illegally residing in their countries

The Government of the Republic of Kazakhstan and the Government of Hungary (hereinafter referred to separately as the Contracting Party, together as the Contracting Parties), determined to strengthen their cooperation in order to combat illegal migration more effectively, concerned about the significant increase in the activities of organized criminal groups in the smuggling of migrants, bearing in mind that cooperation between the Contracting Parties in the field of readmission is of mutual interest expressing interest, expressing a desire to mutually facilitate the readmission and transit of persons, to establish, through this Agreement, prompt and effective procedures for the identification, as well as the safe and orderly return of persons who no longer fulfill the conditions for entry and stay in the territories of the States of the Contracting Parties, emphasizing that this Agreement does not prejudice their rights, duties and responsibilities arising from international law, in particular, from the Convention relating to the Status of Refugees of July 28, 1951, as amended Protocol, Regarding the status of refugees of January 31, 1967, the International Covenant on Civil and Political Rights of December 16, 1966, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984, acting in a spirit of reciprocity and cooperation, have agreed as follows:

Article 1 Readmission of own citizens

1. Each of the Contracting Parties, at the request of the other Contracting Party, without further formalities other than those provided for in this Agreement, shall admit back to the territory of its State those persons who no longer comply with or no longer fulfill the conditions of entry into or residence in the territory of the requesting Contracting Party, provided that it is proved or lawfully assumed that These persons are citizens of the requested Contracting Party. 2. If the nationality cannot be established precisely, the requested Contracting Party of which the person is believed to be a national will immediately clarify the nationality of the person concerned through its competent diplomatic missions or consular offices. 3. The competent diplomatic missions or consular offices of the requested Contracting Party, at the request of the requesting Contracting Party, shall issue, without delay and free of charge, the travel documents necessary for the transfer of the person. 4. The requesting Contracting Party shall, under the same conditions, take back the transferred person, provided that subsequently, within 30 days after readmission, it is established that this person was not a citizen of the requested State at the time of transfer or that this person, after entering the territory of the requesting Contracting Party, lost or renounced the citizenship of the State of the requested Contracting Party., but has not acquired the nationality of the requesting Contracting Party.

Article 2 Readmission of third-country nationals and stateless persons

1. Each of the Contracting Parties, at the request of the other Contracting Party, without additional formalities other than those provided for in this Agreement, must re-admit third-country nationals and stateless persons to the territory of its State (hereinafter referred to as – third-country nationals) provided that it is proven or legally assumed that such persons entered the territory of the requesting Contracting Party directly from the territory of the requested Contracting Party and no longer comply with or comply with the conditions of entry and stay in the territory of the requesting Contracting Party. 2. Each of the Contracting Parties, at the request of the other Contracting Party, except for the further formalities provided for in this Agreement, must re-admit those third-country nationals who remain illegally in the territory of the requesting Contracting Party and possess a valid visa or residence permit issued by the requested Contracting Party, or any other valid document granting its holder a residence permit. entry and stay on the territory of their States until the expiration of such a permit. 3. If the competent authorities of both Contracting Parties have issued a visa or residence permit to citizens of the third States referred to in paragraph 2, the responsibility to take it back falls on the Contracting Party whose visa or residence permit expires later. 4. The readmission obligation provided for in paragraphs 1 – 3 of this Article does not apply to third-country nationals who: 1) have a valid visa or residence permit issued by the requesting Contracting Party, or to whom the competent authorities of the requesting Contracting Party have issued a residence permit after entering its territory, or 2) have left the territory of the State of the requested Contracting Party and entered the territory of the requesting State. Of the Contracting Party from the territory of a third State, to which the requesting Contracting Party may return third-country nationals in accordance with an international treaty, or 3) whose refugee status has been recognized by the requesting Contracting Party in accordance with the Convention relating to the Status of Refugees of July 28, 1951, as amended The Protocol relating to the Status of Refugees of January 31, 1967, or those who are stateless, or 4) are expelled by the requested Contracting Party with a final decision and transferred to the State of origin or any other third State. 5. The requesting Contracting Party accepts back third-country nationals without any formalities if the requested Contracting Party determines within 30 (thirty) days after readmission that the conditions specified in paragraphs 1 to 3 are not fulfilled, or the conditions provided for in paragraph 4.6 apply. For the purposes of this Article: "visa" means a valid permit issued by the competent authorities of the Contracting Parties in accordance with their national legislation on entry and stay, which entitles third-country nationals to enter and reside in the territory of the States of the Contracting Parties for the period specified in the visa, excluding transit visas; "residence permit" means a valid permit issued by the competent authorities of the Contracting Parties authorizing a person to reside, travel and return to the territory of that State on multiple occasions. A residence permit should not include visas that have already been issued but have not yet been used, and permits issued to individuals in connection with the procedure for reviewing an asylum application or an application for a residence permit.

Article 3 Time limits

1. The requesting Contracting Party shall send a request for the readmission of persons defined in Articles 1 and 2 no later than 90 (ninety) days after the fact of illegal entry into the territory of its State or from the moment of detection of illegal stay. After this period, the requested Contracting Party is not obliged to consider the readmission request. 2. In applying Articles 1 and 2, the requested Contracting Party shall respond to the request for readmission.: 1) in respect of its own citizens, no later than 3 (three) business days from the date of receipt of the request; 2) in respect of third-country nationals no later than 15 (fifteen) business days from the date of receipt of the last request. 3. After the expiration of the time limits provided for in paragraph 2, the requested Contracting Party must take back: 1) its own citizens no later than 10 (ten) business days; 2) those third-country nationals whose readmission was previously agreed upon, no later than 20 (twenty) business days. 4. The requesting Contracting Party, in accordance with Article 4, must send a request for the transit of persons no later than five (5) business days before the scheduled transit. The response to the transit request is sent no later than 3 (three) business days before the scheduled transit. 5. At the request of the requesting Contracting Party, the time limits set out in paragraph 3 may be extended once due to legal obstacles related to the transfer and only until they are eliminated.

Article 4 Transit operations

1. The Contracting Parties, at the request of the other Contracting Party, shall allow the transit of third-country nationals by air under escort through their territories if the possibility of further passage of such persons through the territory of all transit States to the destination State and their acceptance by that State is guaranteed. In this case, a visa from the requested Contracting Party is not required. 2. The requesting Contracting Party assumes full responsibility for taking back the person referred to in paragraph 1 if, for any reason, transit or entry to the receiving State of destination cannot be carried out. 3. Transit of third-country nationals should be carried out only at border points designated by the Contracting Parties for crossing State borders. 4. Transit may be refused if it is assumed that: 1) a citizen of a third State poses a threat to national security, public order, public health or international relations of the requested Contracting Party, or 2) there is a real risk for a citizen of a third State to be subjected to torture or inhuman or degrading treatment or punishment or the death penalty or persecution because of race, religion, nationality, belonging to a particular social group or political beliefs in the destination State or another transit State, or 3) a citizen of a third State is prosecuted in the State of the requested Contracting Party or another transit State, with the exception of criminal sanctions for illegal border crossing. 5. If the requested Contracting Party, subject to the conditions referred to in paragraph 4 of this Article, refuses the transit request, it shall inform the requesting Contracting Party in writing. 6. The requesting Contracting Party shall provide all valid permits and valid tickets required for entry into the destination State through the territories of possible transit States, as well as an application for admission from the destination State.

Article 5 Protection of personal data

1. The processing of personal data necessary for the implementation of this Agreement is carried out in accordance with the national legislation of the Contracting Parties and the provisions of this Agreement. 2. The following principles apply to the protection of personal data: 1) the scope of the requested data, the purpose and the legal basis for their use must be specified in the application for the transfer of personal data. At the request of the requested Contracting Party, the requesting Contracting Party provides information on the use of the transferred personal data.; 2) personal data may be transferred exclusively to the competent authorities responsible for the implementation of this Agreement. The transfer of data to other authorities may be carried out only with the prior written consent of the requested Contracting Party; 3) the transmitting Contracting Party is responsible for the reliability and accuracy of the transmitted data. In case of detection of transmission of erroneous data or data that should not have been transmitted, the receiving Contracting Party is immediately notified of this fact, and this Contracting Party takes immediate measures to correct the erroneous data or delete data that should not have been transmitted; 4) upon request, information is provided to the interested person about the data being processed. in relation to such a person, the purpose of the intended use and to whom the data was transferred and for what purpose; The submission of information may be refused only if permitted by the national legislation of the transmitting Contracting Party. The data subject may request the correction or deletion of his/her personal data if it is determined that erroneous data or data that should not have been transmitted has been transmitted. 5) the transferring Contracting Party sets deadlines for the deletion of data determined for the protection of its applicable national legislation. The received data is destroyed if the purpose of their use is realized, or when the received data to be processed has expired in accordance with the national legislation of the requesting Contracting Party or the transmitting Contracting Party requests their deletion; 6) The Contracting Parties keep records of the transfer, receipt and deletion of personal data, which in turn must contain the name of the authority and person transmitting and receiving the data, as well as the fact and date of transmission (reception) and deletion of the data. 3. The Contracting Parties may transfer the following personal data exclusively to each other: 1) detailed information about the person and, if necessary, family members (surname, first name, patronymic, any previous names, other names used by which they are known, pseudonyms, place and date of birth, gender, current and previous citizenship and place of residence); 2) passport or other travel document or identity card data identity (number, date of issue, issuing authority, place of issue, validity period); 3) data of any visa or residence permit issued by the competent authorities of one of the Contracting Parties or a third state; 4) a list of acts of violation of the rules of entry and residence in the territory of the requesting Contracting Party; 5) acts constituting legal obstacles to readmission or transit; 6) data on the planned date and place of readmission (transfer) with the route indication; 7) concerning third-country nationals, if there is information that they have currently or previously applied for asylum or obtained the status of a stateless person or refugee.

Article 6 Expenses

1. The costs of transporting persons subject to readmission, in accordance with Articles 1 and 2 of this Agreement, to the state border of the requested Contracting Party, as well as with their possible return, shall be borne by the requesting Contracting Party. 2. In accordance with the provisions of Article 4 of this Agreement, all costs related to the transit of third-country nationals, escorts, and the possibility of their return shall be borne by the requesting Contracting Party.

Article 7 Implementation of the Agreement

The responsible Ministries of the Contracting Parties shall conclude an Executive Protocol on the procedure for the implementation of this Agreement, which defines: 1) the definition of competent authorities and methods of mutual communication; 2) international checkpoints across the state border designated for the readmission or transit of persons; 3) documents on the basis of which citizenship can be established or assumed; 4) evidence illegal entry and stay; 5) detailed rules of the readmission procedure, as well as application forms, indicating all the data necessary for the return or transit of a person; 6) conditions and rules for reimbursement of expenses specified in Article 6.

Article 8 Dispute settlement

The competent authorities of the Contracting Parties shall settle any disputes that may arise in connection with the interpretation or application of this Agreement, which are resolved peacefully: through direct negotiations, and in case of their failure - through diplomatic channels.

Article 9 Suspension of the Agreement

1. With the exception of the provisions contained in Articles 1 and 5 of this Agreement, the Contracting Parties may suspend the application of this Agreement in full or in part on a temporary basis for reasons of public order, public safety or public health. 2. The Contracting Parties shall immediately notify each other in writing through diplomatic channels of the introduction and termination of the measures referred to in paragraph 1 of this Article. The suspension of the application of the Agreement shall enter into force on the following day from the date of receipt of the relevant written notification through diplomatic channels from the other Contracting Party.

Article 10 Relationship with other international treaties

1. This Agreement does not affect the rights, obligations and responsibilities of the Contracting Parties arising from other international treaties, in particular, in the field of human rights protection. 2. This Agreement does not affect the obligations and obligations of Hungary arising from its membership in the European Union. The provisions of this Agreement may not be quoted or interpreted in part or in full, nor may they abrogate, modify or infringe in any way on Hungary's obligations and responsibilities arising from the Treaty of Accession of April 16, 2003, the Treaty on the European Union, the Treaty on the Functioning of the European Union or, in general, the legislation of the European Union. 3. This Agreement does not apply in the case of extradition and legal assistance aimed at the transfer of convicted persons between the States of the Contracting Parties.

Article 11 Final provisions

1. This Agreement is concluded for an indefinite period. This Agreement shall enter into force on the 30th (thirtieth) day after the date of receipt through diplomatic channels of the last written notification on the fulfillment by the Contracting Parties of the internal state procedures necessary for its entry into force. 2. By mutual agreement of the Contracting Parties, amendments and additions may be made to this Agreement, which are an integral part of this Agreement, which are formalized in separate protocols and enter into force in accordance with the procedure set out in paragraph 1 of this Article. 3. Each of the Contracting Parties may terminate this Agreement by notifying the other Contracting Party in writing through diplomatic channels. This Agreement shall terminate on the 60th (sixtieth) day from the date of receipt of such notification by the other Contracting Party.

Done in Budapest on June 3, 2014, in two originals, each in the Kazakh, Hungarian, and English languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the English text.

FOR THE GOVERNMENT REPUBLIC OF KAZAKHSTAN

FOR THE GOVERNMENT HUNGARY

President

Republic of Kazakhstan

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