On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on the Reception and Transit of Persons (readmission agreement)

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on the Reception and Transit of Persons (readmission agreement)

The Law of the Republic of Kazakhstan dated February 22, 2016 No. 457-V SAM

To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on the reception and Transit of persons (readmission agreement), signed in Berlin on December 10, 2009.

President of the Republic of Kazakhstan N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany on the Reception and Transit of Persons (readmission agreement)

Entered into force on June 1, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 4, art. 66

The Government of the Republic of Kazakhstan and the Government of the Federal Republic of Germany (hereinafter referred to as the "Parties"), proceeding from friendly relations between their States and peoples, intending to counteract illegal migration in the spirit of international efforts, guided by the desire to facilitate the reception of persons illegally in the territory of the relevant Party and the transit of persons in accordance with generally accepted norms of international law and In the spirit of trustful cooperation, we have agreed on the following:

Definitions Article 1

In this Agreement, the following terms have the following meaning: "readmission" - transfer by the competent authorities of the State of one Party and acceptance by the competent authorities of the State of the other Party in the manner, on the terms and for the purposes provided for in this Agreement, persons who have entered or are in the territory of the States of the Parties in violation of legislation on the entry, exit and stay of foreign citizens and stateless persons; "requesting Party" - the Party sending a request for the reception, return or transit of a person; "requested Party" - the Party to which the request for readmission or transit of a person has been sent; "third-country nationals" - citizens of States that are not parties to this Agreement; "stateless persons" - persons who are not citizens of the States of the Parties and do not have the citizenship of a third state, with the exception of persons who have lost their citizenship States of one Party after entering the territory of the State of the other Party and which are subject to paragraph 1 of Article 2 of this Agreement; "competent authorities" - the authorities of the States of the Parties, which, in accordance with Article 13 of this Agreement, are responsible for its implementation.

Section I Transfer and reception of citizens of the States of the Parties

Article 2

1. Each Party accepts a person who does not comply or ceases to comply with the rules of entry or stay in force there in the territory of the requesting Party's State, if it is proven or there are grounds to believe that this person has the nationality of the requested Party. Confirmation of a person's identity is not required. 2. Paragraph 1 also applies to a person who, after entering the territory of the State of the requesting Party, has lost or renounced the citizenship of the requested Party and has not acquired the citizenship of another State or has not received permission to acquire citizenship from the State of the requesting Party. 3. Upon the request of the requesting Party, the requested Party also accepts minor unmarried children born abroad, as well as his spouse who does not have citizenship of the States of the Parties, if they do not have the right to stay in the territory of the requesting State.

Article 3

1. The following documents are accepted as proof of citizenship:: 1) certificates of citizenship; 2) passports of all categories (national passports, temporary passports and passports issued by an official authority); 3) identity cards (including temporary ones); 4) children's passports, nautical books and other documents replacing passports and allowing border crossing; 5) military tickets and military certificates; 6) other documents issued by an official authority, which confirm the citizenship of the person. In these cases, the requested Party accepts the person without formalities. 2. The following are used as the basis for assuming citizenship: 1) copies of the documents listed in paragraph 1 of this Article; 2) driver's licenses and their copies; 3) birth certificates and their copies; 4) witness statements; 5) the person's own testimony; 6) the result of the hearing of the person carried out by the competent authorities of the requested Party, which, at the request of the requesting Party, is necessary implement; 7) the ability to speak the appropriate language of the requested Party; 8) other documents that may help in determining citizenship. In these cases, the reception of a person is carried out in accordance with the procedure provided for in Article 4 of this Agreement. 3. One of the documents listed in paragraphs 1 and 2 of this article is sufficient as a basis for assuming citizenship, even if their validity period expires.

Article 4

1. In the absence of evidence or in the cases specified in paragraph 2 of Article 2 of this Agreement, the admission of a person is carried out on the basis of an application for admission by the requesting Party. The application for admission must, in accordance with the available documents or testimony of the person to be admitted, contain the following data: 1) personal data of the person to be admitted (surnames, first names, patronymic, date of birth and, if possible, place of birth, as well as data on the last place of residence in the territory of the requested Party); 2) the name of the documents that are the basis for the assumption of citizenship; 3) an indication, with the consent of the person to be admitted, of his possible need for assistance or care due to illness or age; 4) an indication of the need in a particular case to take other protective and security measures during the transfer of this person. 2. In the case of admission of a person in accordance with paragraph 2 of Article 2 of this Agreement, an application for admission must be submitted within 12 months after the loss of citizenship has become known to the competent authorities. In the event that a person loses the nationality of the requested Party in the period prior to the entry into force of this Agreement, this period begins from the date of entry into force of this Agreement. 3. The requested Party shall respond to the request referred to in paragraphs 1 and 2 of this Article immediately, but not later than one month. This period begins on the date of its receipt by the competent authority of the requested Party. At the end of the one-month period, the application for admission is considered satisfied. The requested Party, if necessary, immediately draws up the passport and visa documents necessary for the readmission of the accepted person with a validity period of six months. 4. If, due to legal or factual obstacles, it is impossible to transfer before the expiration of the issued passport and visa document, the diplomatic mission or consular institution of the requested Party's State shall issue a new passport and visa document with a validity period of six months within fourteen days. 5. The competent authority of the requesting Party shall immediately, but not later than three days before the scheduled readmission of the person, notify the competent authority of the requested Party of the person's readmission.

Article 5

The requesting Party shall take back the person accepted by the requested Party without any special formalities if, within two months from the date of admission, it has been proved that the grounds specified in Article 2 of this Agreement for the admission of this person by the requested Party were absent.

Section II

Transfer and reception of third-country nationals and stateless persons" in case of illegal entry and illegal stay.

Article 6

1. Each of the Parties accepts a person at the request of the other Party who does not have Kazakh or German citizenship if this person does not fulfill or ceases to fulfill the prerequisites for entry and stay in force in the territory of the requesting Party, as well as if it is proved or there are grounds to believe that this person: 1) has or had at the time of entry a valid a visa or a valid residence permit provided by the requested Party; or 2) illegally entered the territory of the State of the requesting Party directly from the territory of the State of the requested Party; or 3) obtained permission to enter fraudulently, using forged or forged documents of the requested Party; or 4) had his last place of residence in the territory of the requested Party. 2. The requested Party is also obliged to accept the person if the Parties have issued a visa to the person, the validity of which has already expired, or a residence permit, the validity of which has already expired, but the visa or residence permit issued by the requested Party had a longer validity period. If the validity period expires on the same day, the Party that issued the visa or a longer-term residence permit is obliged to accept this person. 3. At the request of the German Side, the Kazakh Side accepts former citizens of the former Union of Soviet Socialist Republics who have not acquired another citizenship and who were born in the territory of the Republic of Kazakhstan and had permanent residence in the territory of the Republic of Kazakhstan. The place of birth and the place of permanent residence can be proved with the help of official documents from the Kazakh Side, the former Union of Soviet Socialist Republics or a third country. The justification of residence and place of birth in the territory of the Republic of Kazakhstan may be other documents indirectly confirming the fact of residence and place of birth in the territory of the Republic of Kazakhstan. 4. Upon the request of the requesting Party, the requested Party shall also accept minor unmarried children born abroad of a person accepted in accordance with paragraph 3 of this Article, as well as his spouse with third-country citizenship, if they have not been granted permission to stay in the territory of the requesting State.

Article 7

1. The facts of entry directly from the territory of the State of the requested Party into the territory of the State of the requesting Party and stay in the territory of the requesting Party of third-country nationals or stateless persons, as well as the illegality of their entry or stay and the presence of a visa issued by the requested Party or another valid permit to stay in the territory of the requested Party, must be proved or justified. 2. The facts of entry into and stay in the territory of the requesting Party's State, as well as the availability of a valid visa or other valid residence permit issued by the requested Party, are considered: 1) proven on the basis of: - exit and entry stamps issued in passport and visa documents by the authorities of the requested Party; - marks of the authorities of the requested Party in passport and visa documents; - air tickets, receipts or invoices that clearly indicate the person's stay in the territory of the requested Party. If the requesting Party provides one of the above-mentioned proofs, the requested Party does not have the right to require additional justifications and carry out additional verification measures. 2) justified: - on the basis of aviation or other transport tickets confirming passage through the territory of the requested Party's State; - on the basis of the circumstances and place of detention of the person after his entry; - the testimony of border guards who can provide evidence of the fact of crossing the border; - information from an international organization about the identification or stay of this person; - witness statements; - testimony of this person. The justification obtained by the above method is recognized by the Parties until the requested Party provides a rebuttal. 3. The illegality of a person's entry or stay is proved by means of a document for the right to cross borders, which does not contain the necessary visa or other permission to stay in the territory of the requesting State. To substantiate the illegality of entry or stay, a statement from the requesting Party is sufficient to establish that the person does not have the necessary documents for the right to cross borders, or an appropriate visa, or other residence permit. 4. The presence of a place of residence in accordance with subparagraph 4) Paragraph 1 of Article 6 of this Agreement can be proved with the help of official documents of the requested Party or a third State. Justification can be obtained, first of all, with the help of documents, certificates or other certificates indicating residence in the territory of the State of the requested Party.

Article 8

1. Admission of third-country nationals and stateless persons is based on an application for admission. The application for admission must, in accordance with the available documents or testimony of the person to be admitted, contain the following data: 1) personal data of the person to be admitted (surnames, first names, patronymic, date of birth and, if possible, place of birth, as well as data on the last place of residence in the territory of the requested Party); 2) the name of the evidence or documents used to substantiate the facts; 3) an indication, with the consent of the person to be admitted, of his possible need for assistance or care due to illness or age; 4) an indication of the need in a particular case to take other protective and security measures during the transfer of this person. 2. An application for admission shall be sent no later than 12 months after the fact of the illegal entry or stay of the person concerned has become known to the competent authorities. In the case of entry of this person into the territory of the requesting State during the period prior to the entry into force of this Agreement, this period begins from the date of entry into force of this Agreement. The requested Party responds to the request immediately, but not later than one month. This period begins on the date of its receipt by the relevant authority of the requested Party. At the end of the one-month period, the application for admission is considered satisfied. The requested Party, if necessary, shall immediately issue the passport and visa documents necessary for the readmission of the accepted person with a validity period of six months. 3. The transfer of the person concerned shall be carried out immediately, but not later than within three months from the date of satisfaction of the application for admission by the requested Party. If there are legal or factual obstacles to transfer, this period is extended at the request of the requesting Party. The competent authorities of the Parties shall agree in writing on the scheduled transfer date.

Article 9

In the case of the admission of a person in accordance with Article 6 of this Agreement, the requesting Party shall, without any formalities, take the person back if the requested Party, within two months of the admission of the person, establishes the absence of the prerequisites specified in this Section.

Section III Return of persons by air

Article 10

The return of persons in accordance with articles 2 and 6 of this Agreement is carried out, as a rule, by air. In cases where the interests of ensuring the safety of the aircraft so require, the persons to be returned are accompanied by security personnel.

Section IV Transit

Article 11

1. Each of the Parties allows the transit of third-country nationals and stateless persons through the territory of its State, if requested by the other Party, as well as on condition of travel through possible transit States to the destination State. 2. Permission to transit through its territory by the requested Party must be refused if the person concerned is in danger of persecution, inhuman or degrading treatment, punishment or the imposition of the death penalty in any of the subsequent transit States or in the destination State for reasons provided for in the Convention referred to in paragraph 1 of Article 17 of this Agreement. A transit permit may be refused if the person in question is threatened with criminal prosecution or execution of punishment in the territory of the requested Party. This does not affect the procedure for extradition of persons for the purpose of criminal prosecution or execution of punishment. 3. In case of refusal of transit, the person must inform the requesting Party of the reasons for the refusal. 4. Notwithstanding the existence of a permit for transit through its territory, persons subject to transit may be returned to the requesting Party if the facts provided for in paragraph 2 of this Article subsequently become known or come into force that impede transit, or if passage through subsequent transit States or reception by the destination State is not guaranteed.

Section V Costs and competent authorities

Article 12

1. The costs of transfer and possible escort to the checkpoint across the state border of the requested Party's State, which is open for international communication, of the persons referred to in paragraph 1 of Article 2 and paragraph 1 of Article 6 of this Agreement, shall be borne by the requesting Party. 2. The costs associated with the transfer, possible escort and transit of the persons referred to in paragraph 1 of Article 11 of this Agreement, and their possible return, shall be borne by the requesting Party. 3. The costs of transferring the persons referred to in Articles 5 and 9 of this Agreement and their possible escort to the checkpoint across the State border of the requesting Party's State, which is open for international communication, shall be borne by the requesting Party.

Article 13

1. The competent authorities of the Parties are: 1) regarding the submission and consideration of applications for admission in accordance with Articles 4, 5, 6 and 9 of this Agreement, as well as with respect to the submission of applications for passport and visa documents: from the Republic of Kazakhstan: - Ministry of Internal Affairs of the Republic of Kazakhstan; from the Federal Republic of Germany: - bodies responsible for the enforcement of legislation on foreigners; or - The Central Office of the Federal Police Bundespolizeiprasidium Heinrich-Mann-Allee 103 D-14473 Potsdam tel.: 0049 331 97997-0 (switchboard) fax: 0049 331 97997-1010. 2) regarding the acceptance of applications for admission: from the Republic of Kazakhstan: - the relevant diplomatic mission or consular institution of the Republic of Kazakhstan; from the Federal Republic of Germany: - the competent foreign representative office of the Federal Republic of Germany. 3) regarding the submission and consideration of transit requests in accordance with Article 11 of this Agreement, as well as the cost accounting in accordance with Article 12 of this Agreement: from the Republic of Kazakhstan: - Ministry of Internal Affairs of the Republic of Kazakhstan; from the Federal Republic of Germany: - Central Office of the Federal Police Bundespolizeiprasidium Heinrich-Mann-Allee 103 D-14473 Potsdam tel.: 0049 331 97997-0 (switchboard) Fax: 0049 331 97997-1010. 2. In the event of a change in the name and functions of their competent authorities, the Parties shall immediately notify each other in writing.

Section VI Protection of personal data

Article 14

1. If it is necessary to transfer personal data in order to implement this Agreement, this information may relate exclusively to the following: 1) personal data of the person to be transferred and, if necessary, personal data of his family members (surnames, first names, patronymics, former surnames, nicknames or pseudonyms, if any, date and place of birth, gender, citizenship at the moment and in the past); 2) identity documents (type document number, validity period, date and place of issue, issued by whom, etc.); 3) other data necessary to identify the person to be transferred; 4) places of stay and routes of movement; 5) other information, at the request of one of the Parties, necessary for it to verify the existence of grounds for accepting this person in accordance with this Agreement. 2. When transferring personal data under this Agreement, the following provisions apply, subject to compliance by each Party with the legal norms of its state:: 1) the use of information by the body receiving personal data is allowed only for the purposes and under the conditions established by the sending body; 2) the receiving body, at the request of the transmitting body, informs it about the use of the transmitted data and the results obtained; 3) personal data can only be transferred to the competent authorities. Subsequent transfer of data to other authorities is possible only with the prior consent of the sending authority; 4) the authority transmitting the data is obliged to ensure their reliability, the need for transmission and their compliance with the purpose of transmission. At the same time, the prohibitions on data transmission contained in the relevant national legislation of the State are respected. If false or non-transferable data has been transmitted, the receiving authority will be informed immediately. The receiving authority is obliged to correct or destroy this data.; 5) the body transmitting the data and the body receiving the data are obliged to ensure registration of the transfer and receipt of personal data, respectively; 6) the body transmitting the data and the body receiving the data are obliged to effectively protect the transferred personal data from unauthorized access to them, their unauthorized modification and unauthorized disclosure.

Section VII Execution of the Agreement

Article 15

1. The Parties will settle the details of the implementation of this Agreement at the expert level. 2. The Parties undertake to resolve problems arising during the execution of this Agreement by mutual agreement. Each of the Parties, if necessary, may invite the other Party to conduct negotiations on the implementation of this Agreement.

Article 16

This Agreement may be amended and supplemented through diplomatic channels by mutual agreement of the Parties.

Article 17

1. This Agreement does not affect the following actions: The Convention relating to the Status of Refugees of 28 July 1951 and Protocol on the Status of Refugees, dated January 31, 1967. 2. This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties, as well as the obligations of the Federal Republic of Germany arising from its membership in the European Union.

Section VIII Final provisions

Article 18

1. The Parties have agreed on the temporary application of this Agreement from the first day of the second month after its signing until its entry into force, to the extent that it does not contradict the relevant national legislation of the Parties. 2. This Agreement shall enter into force on the first day of the second month from the date of notification by the Government of the Republic of Kazakhstan through a note from the Government of the Federal Republic of Germany that the domestic procedures necessary for its entry into force have been completed. In this case, the day of receipt of the notification is decisive. 3. The provisions of Article 6, with the exception of paragraphs 3 and 4 of this Agreement, shall apply after three years from the date provided for in paragraph 2 of this article. During this three-year period, the provisions of article 6, with the exception of paragraphs 3 and 4, will apply only to stateless persons from those third States and to citizens of those third States with which the Parties have concluded bilateral treaties or readmission agreements. 4. This Agreement is concluded for an indefinite period.

Article 19

This Agreement is subject to registration with the United Nations Secretariat in accordance with Article 102 of the Charter of the United Nations. The registration of this Agreement after its entry into force is carried out by the Government of the Federal Republic of Germany. A written notification is sent to the Kazakh Side indicating the allocated UN registration number after its confirmation by the United Nations Secretariat.

Article 20

1. Each of the Parties has the right to terminate the Agreement through diplomatic channels. This Agreement is terminated upon the expiration of 90 days from the date of receipt of the relevant note. 2. This Agreement, with the exception of its section I, may be suspended, in whole or in part, through diplomatic channels for reasons related to ensuring public order, protecting public health or protecting national security. The suspension (and renewal) of this Agreement shall enter into force upon the expiration of 30 days from the date of receipt by one Party of the relevant written notification.

Done in Berlin on December 10, 2009, in two originals, each in the Kazakh, German and Russian languages, all texts being equally authentic.

For the Government For the Government of the Republic of Kazakhstan of the Federal Republic of Germany

RCPI's note! The text of the Agreement in German is attached below.

President

Republic of Kazakhstan

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