On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of Border Representatives

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The Law of the Republic of Kazakhstan dated June 9, 2015 No. 318-V SAM

To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of border representatives, signed in Astana on December 15, 2001.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of of the Kyrgyz Republic on the activities of border representatives

Entered into force on July 16, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 6, art. 55

The Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic, hereinafter referred to as the Parties, striving to develop good-neighborly relations and maintain cooperation to ensure the regime of the Kazakh-Kyrgyz state border (hereinafter referred to as the state border), recognizing the inalienable right of independent states to take measures to protect their state borders, noting the need for the participation of border representatives of the Republic of Kazakhstan and the Kyrgyz Republic in preventing the occurrence of border incidents, and in case of occurrence - to ensure a prompt investigation and settlement of such, have agreed as follows:

Article 1

Border representatives and deputy border representatives of the Republic of Kazakhstan and the Kyrgyz Republic are appointed by the competent authorities of the States of the Parties. The Parties shall notify each other through diplomatic channels of the appointment of border representatives and their deputies, indicating their surnames, first names and patronymics, positions, areas of activity and places of residence. When performing the duties of border representatives, deputy border representatives have the same rights and duties as border representatives.

Article 2

Border representatives perform their duties in cooperation with each other, in accordance with the national legislation of their States and international treaties to which the States of the Parties are parties, with the powers defined by this Agreement, within the sections of the state border, which will be determined by the protocol on the areas of activity of border representatives. Written credentials (sample - Appendix 1) are issued: border representatives of the Republic of Kazakhstan and their deputies - Deputy Chairman of the National Security Committee of the Republic of Kazakhstan - Director of the Border Guard Service; border representatives of the Kyrgyz Republic and their deputies - Deputy Minister of Defense of the Kyrgyz Republic in charge of border issues, Chairman of the National Security Service of the Kyrgyz Republic.

Article 3

Assistants, secretaries, and officials authorized to receive and transfer official correspondence are appointed to ensure the activities of border representatives, as well as experts and other persons. Written credentials of assistants to border representatives, certificates of secretaries, certificates for a one-time crossing of the state border in both directions (sample appendices 2-4), are issued by border representatives.

Article 4

Border representatives within their areas of activity: Take the necessary measures to prevent border incidents and resolve them in case of occurrence; monitor compliance with the rules established by the Parties for the suppression of the state border and take measures to prevent its crossing with violations of the established procedure.; take, together with the relevant state bodies, the necessary measures to combat the smuggling of weapons, ammunition, narcotic drugs, psychotropic substances, valuables and currency, as well as radioactive substances; participate in the identification of human corpses and, if necessary, take measures to transfer them; ensure, together with authorized bodies of state administration and security nature, proper control over household work and other activities in border areas, as well as over water use in border reservoirs; inform each other in a timely manner about the threats of the spread of fires, floods, epidemics, epizootics and agricultural pests in the vicinity of the state border or through it; resolve other issues related to the maintenance of the state border regime.

Article 5

1. Border representatives work together, as a rule, at meetings or meetings. By agreement between the border representatives, meetings of their deputies and assistants may be held. 2. Meetings or meetings of border representatives are held on the proposal of one of them. The proposal must contain the agenda of the meeting or meeting, the composition of the participants, the place and time of the meeting or meeting. In some cases, by mutual agreement between border representatives, issues not previously proposed for discussion may be considered at meetings or meetings. The response to the proposal to hold a meeting or a meeting should be given by the border representative as soon as possible, but no later than 48 hours after the receipt of such a proposal by the authorized representatives for the reception and transfer of official correspondence. At the same time, additional issues may be proposed for discussion, as well as other time and place of the meeting or meeting. 3. A border representative of the State of the other Party must personally attend the meeting or meeting proposed by the border representative of the State of one Party. If this is not possible, then his deputy arrives at the meeting or meeting, and the border representative who proposed the meeting is notified no later than 24 hours before the start of the meeting or meeting. 4. Their deputies, assistants, secretaries and persons whose presence is necessary (experts, witnesses, victims and other persons) may participate in meetings or meetings of border representatives. Secretaries and, if necessary, experts and other persons may participate in meetings of border guards' assistants. 5. Issues that do not require face-to-face meetings can be resolved through correspondence or the use of technical means of communication. 6. Border representatives, by mutual agreement, inform each other about the measures taken to implement decisions taken at meetings or meetings.

Article 6

Scheduled meetings or meetings of border representatives and their deputies are held, as a rule, alternately on the territory of the States of the Parties, unscheduled - on the territory of the State of the Party that proposed their holding. Border representatives' assistants work together on behalf of their border representatives, usually at meetings. The decisions taken by the assistants of the border representatives come into force after their approval by the respective border representatives of the States of the Parties. Issues on which the border representatives' assistants have not reached agreement are referred to the appropriate border representatives for consideration.

Article 7

Following the results of the meeting or meeting of the border representatives, a joint protocol is drawn up, which indicates: the agenda of the meeting or meeting, the composition of the participants, the general course of the meeting or meeting, the decisions taken and the deadlines for their implementation. The minutes of the meeting or meeting are drawn up in two copies, each in Russian, and are signed by the border representatives or their surrogates and stamped.

Article 8

1. Border representatives, by mutual agreement, establish meeting points at the state border, as well as points and procedures for the exchange of official correspondence and the use of technical means of communication. Authorized persons for the reception and transfer of official correspondence are required to receive and transfer official correspondence at the state border around the clock. 2. Border guards shall transfer detained persons, as well as pets, property and corpses of people in accordance with the national legislation of the State of each of the Parties. The border guards determine the time and order of each such transfer separately. 3. Border guards, by mutual agreement, shall establish samples of acts, receipts and other documents that are issued at the reception and transfer of persons, animals, property, human corpses, official correspondence, as well as when performing other actions in accordance with the provisions of this Agreement. The transfer of persons, animals, property, and human corpses may be carried out by border guards, their deputies, and assistants.

Article 9

1. Border guards, their deputies, assistants, secretaries and experts, in order to perform their duties, in accordance with this Agreement, cross the state border at designated points or agreed places. 2. Border guards, their deputies and assistants cross the state border on the basis of written credentials (samples - Appendix 1, 2). 3. Secretaries cross the state border on the basis of certificates (sample - Appendix 3). 4. Experts and other persons involved in joint work cross the state border on the basis of certificates for a one-time border crossing in both directions (sample - Appendix 4). 5. The signing of the credentials of the assistants of the border representatives, the certificates of the secretaries and the service personnel is carried out by agreement of the border representatives at the meetings. 6. In case of loss of documents granting the right to cross the border in accordance with the provisions of this Agreement, their owners must immediately notify the border representative of their State, who notifies the border representative of the State of the other Party about the incident.

Article 10

1. Border representatives, their deputies, assistants, secretaries and experts, in the performance of their official duties, in accordance with this Agreement, in the territory of the State of the other Party, are guaranteed personal inviolability, as well as the inviolability of their documents and property necessary to perform the tasks assigned to them. The above-mentioned officials may wear the prescribed form of clothing, carry and import goods with them into the territory of the State of the other Party duty-free and without taxes and fees for personal use (without subsequent sale), in accordance with the norms provided for by the national laws of the States of the Parties. 2. Each Party shall bear the costs associated with the implementation of this Agreement on the territory of its State, and the costs of holding meetings or meetings shall be borne by the Party in whose territory they are held.

Article 11

Border representatives exchange information: on the facts of illegal crossing of the state border; on the activities of persons involved in the illegal movement of persons, weapons, ammunition, narcotic drugs, psychotropic substances, valuables and currency, as well as radioactive substances across the state border; on possible actions that may harm the security and interests of the State of each of the Parties, as well as on the measures taken to prevent border incidents; on other issues affecting the maintenance of the state border regime.

Article 12

Border officials cooperate to prevent, investigate and resolve border incidents, including: shelling of persons and territories across the state border, including those resulting in the death or injury of people, damage to property and other grave consequences; illegal crossing of the state border by persons and vehicles; violation of the state border by swimming vessels and aircraft; movement of contraband across the state border; unintentional crossing of the state border by officials of the border agencies of the States of the Parties in the performance of their official duties; discovery of property located on the territory of the state of the other Party due to natural disasters or other circumstances; unauthorized or accidental movement, damage or destruction of border signs and other border structures; crossing of domestic animals across the state border; spreading of fires across the state border; other violations of the state border regime affecting the interests of the States of the Parties, but not requiring resolution through diplomatic channels.

Article 13

1. Clarification of the circumstances of border incidents referred to in Article 12 of this Agreement shall be carried out by border representatives in an agreed manner. The joint investigation of border incidents is carried out under the supervision of the border representative on whose territory the border incident occurred. 2. An act is drawn up on the results of the joint investigation of the border incident, and, if necessary, other documents attached as annexes to the minutes of the meeting. 3. Border representatives, within the framework of the powers granted to them by this Agreement, resolve issues of the return of pets and property located on the territory of the other Party's state. 4. The joint investigation of a border incident does not replace actions within the competence of the law enforcement agencies of the States of the Parties. 5. Border incidents where the border representatives have not agreed on a settlement are resolved through diplomatic channels.

Article 14

Annexes 1-4 are integral parts of this Agreement. The Parties shall inform each other through diplomatic channels of the need to amend these annexes in accordance with Article 17 of this Agreement.

Article 15

This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties.

Article 16

Disputes and disagreements regarding the interpretation or application of the provisions of this Agreement will be resolved by the Parties through consultations and negotiations.

Article 17

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in separate protocols that are integral parts of this Agreement.

Article 18

This Agreement shall enter into force on the date of receipt of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. This Agreement is concluded for an indefinite period and remains in force until the expiration of six months from the date on which one Party receives a written notification from the other Party of its intention to terminate this Agreement.

Done in Astana on December 15, 2001, in two original 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 will refer to the text in Russian.

For the Government For the Government of the Republic of Kazakhstan Of the Kyrgyz Republic

Appendix 1 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of Border Representatives

POWERS OF BORDER REPRESENTATIVES AND THEIR DEPUTIES

The cover is the State coat of arms and the name of the state Page 1 - AUTHORIZATION Page 2 - Page 3 - Photo card, seal, signature of the owner Page 4 - Based on the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of border representatives from "___" ______ 200__ of the year. _____________________________________________________________________ (title, surname, first name, patronymic, position) appointed a border representative (deputy border representative) _________________________ by _________________________ (name of the State) (name of the site) Kazakh-Kyrgyz state border ____________________________________________________________________ ( title, surname) Authorized to perform the duties stipulated in the above-mentioned Agreement, and in this regard, he has the right to cross the Kyrgyz-Kazakh state border and stay in the border zone. _____________________________________________________________________ ( name of the State) _____________________________________________________________________ _____________________________________________________________________ ( name of the position of the person authorized to sign the credentials) (title, surname, signature) Place of printing _____ "_____" ___________ ____ of the year. Page 5 - the text of page 4 on _____________ language Page 6 - Page 7 - Page 8 -

Appendix 2 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of Border Representatives

THE AUTHORITY OF THE ASSISTANT BORDER REPRESENTATIVE

The cover is the State coat of arms and the name of the state Page 1 - AUTHORIZATION Page 2 - Page 3 - Photo card, seal, signature of the owner Page 4 - Based on the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of border representatives from "____" ________ 200_ of the year. _____________________________________________________________________ (title, surname, first name, patronymic, position) appointed assistant to the border Representative ________________________________ by _________________________________ ( name of the State) (name of the site) Kazakh-Kyrgyz state border _____________________________________________________________________ ( title, surname) Authorized to perform the duties stipulated in the above-mentioned Agreement, and in this regard, he has the right to cross the Kazakh-Kyrgyz state border and stay in the border zone. _______________________________ ( name of the State)

BORDER REPRESENTATIVE _____________________________________________________________________ ( name of the State) _____________________________________________________________________ (title, surname, signature) Place of printing ______ "____" _____________ of the year. Page 5 - the text of page 4 on _____________ language Page 6 - Page 7 - Page 8 -

Appendix 3 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of Border Representatives

CERTIFICATE OF THE SECRETARY Cover - The State emblem and the name of the state Page 1 - AUTHORIZATION Page 2 - Page 3 - Photo card, seal, signature of the owner Page 4 - Based on the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of border representatives from "____" ____ 200__ of the year. _____________________________________________________________________ (title, surname, first name, patronymic) is ____________________________________________________________ Border representative _______________ by _______________________ ( name of the state) (name of the site) Kazakh-Kyrgyz state border and has the right to cross the Kazakh-Kyrgyz state border and stay in the border strip _____________________________________ ( name of the State)

Appendix 4 to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of Border Representatives

A CERTIFICATE FOR A ONE-TIME BORDER CROSSING IN BOTH DIRECTIONS

Cover - The National emblem and the name of the state Page 1 - CERTIFICATE for a one-time crossing of the Kazakh-Kyrgyz state border Page 2 - Based on an agreement between the Government of the Republic of Kazakhstan and the Government of the Kyrgyz Republic on the activities of border representatives from "_____" ____ 200__ of the year. _____________________________________________________________________ (title, surname, first name, patronymic) has the right to cross the Kazakh-Kyrgyz state border in both directions and stay in the border strip. _____________________________________________________________________ ( name of the State) Valid upon presentation of the owner's identity document. Really with "____" __________ ____________ of the year. by "___" __________ ____________ of the year.

BORDER REPRESENTATIVE

_____________________________________________________________________ (name of the State) _____________________________________________________________________ (title, surname, signature)

Place of printing ______ "____" _____________ of the year. Page 3 - the text of page 4 on _____________ language Page 4 -

RCPI's note! The following is the text of the Agreement in Kyrgyz.

President

Republic of Kazakhstan

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