On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the Exchange of Information regarding Citizens of the States of the Parties

The Law of the Republic of Kazakhstan dated October 6, 2023 No. 32-VIII SAM

      To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the exchange of information regarding citizens of the States of the Parties, concluded in Xi'an on May 17, 2023.

     President of the Republic of Kazakhstan

K. TOKAEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the People's Republic of China on the exchange of information regarding citizens of the States of the Parties  

     The Government of the Republic of Kazakhstan and the Government of the People's Republic of China, hereinafter referred to as the Parties,

     in order to further facilitate the exchange of information between the Parties,

     based on mutual respect and equal consultations,

     We have reached an agreement on the creation of an appropriate information notification mechanism.,

     have agreed on the following:

Article 1

     The Parties shall cooperate within the framework of this Agreement in the following main areas::

     1. The number of visa-free entries, as well as visas issued to citizens of the States of the Parties for the purposes of their stay in the territory of the States of the Parties.

     2. Provision by one Party of information about citizens of the other Party who have been accepted or restored to citizenship of their State.

     Admission to citizenship of the States of the Parties must comply with the legislation of the States of the Parties.

     3. Exchange of information about citizens of the States of the Parties who changed their citizenship before the entry into force of this Agreement, in order to protect the interests of citizens of the States of both Parties.

     The competent authorities of the Parties shall send such information through diplomatic channels within 6 (six) months after the entry into force of this Agreement. Upon receipt of the lists of citizens, the Parties shall, within two (2) months, send information to the persons about the existence or termination of their former citizenship in accordance with the legislation of the States of the Parties.

     4. The Parties shall inform each other regarding citizens of the other Party's State who have violated the rules of entry, stay and exit.

Article 2

     The competent authorities for the implementation of this Agreement are:

     on the Kazakh Side - the Ministry of Internal Affairs and the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan;

     On the Chinese Side, the Ministry of Foreign Affairs and the State Administration for Migration Affairs of the People's Republic of China.

     In the event of a change in the official name and functions of the above-mentioned competent authorities, the Parties shall immediately inform each other about this through diplomatic channels.

Article 3

     Information about citizens exchanged between the Parties includes last name, first name, patronymic (in Russian and Latin spelling), gender, date of birth, place of birth, citizenship, series, number, date of issue, issuing authority, nationality, photo.

      The information specified in paragraphs 1, 2 and 4 of Article 1 of this Agreement shall be submitted quarterly.  

Article 4

     Each of the Parties has the right to temporarily suspend the operation of this Agreement in whole or in part in order to ensure the national security of the State, preserve public order or protect public health.

     The Parties will inform each other through diplomatic channels about the adoption or cancellation of such measures in advance, but no later than 72 hours after such a decision is made.

     The Parties shall agree through diplomatic channels on a date for the temporary resumption of some or all of the provisions of this Agreement.

Article 5

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

Article 6

     Cooperation under this Agreement is carried out upon separate requests (hereinafter referred to as the request) from the interested Party for assistance.

     The request and the response to the request are sent in writing, including using secure electronic means of communication.

     The request is signed by the head of the competent authority of the State of the Party or a person authorized by him.

     The Parties shall exchange request samples within 30 (thirty) days after signing this Agreement.

     The deadline for executing the request should not exceed 30 (thirty) calendar days from the date of its receipt.

     The Parties shall use English when carrying out cooperation under this Agreement.

Article 7

     The Parties shall take the necessary measures to ensure the confidentiality of the facts of receipt of the request, its contents and accompanying documents, as well as assistance.

     The execution of the request is refused in whole or in part if the requested Party believes that the execution of the request may harm sovereignty, security, public order, other essential interests, or contradict the legislation or international obligations of its State. The requesting Party shall be notified in writing of the complete or partial refusal to execute the request, indicating the reasons for the refusal.

     In order to transfer information received by one Party on the basis of this Agreement to a third party, the prior consent of the Party that provided such information is required.

Article 8

     By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, are formalized in separate protocols and enter into force in accordance with the procedure provided for in Article 9 of this Agreement.

Article 9

     This Agreement shall enter into force 30 (thirty) calendar days after 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.

     This Agreement is concluded for an indefinite period. Each of the Parties may terminate this Agreement by sending a corresponding written notification to the other Party through diplomatic channels. In this case, this Agreement shall terminate after 90 (ninety) calendar days from the date of receipt of such notification.

     Done in Xi'an on May 17, 2023, in two copies, each in the Kazakh, Chinese and Russian languages, all texts being equally authentic.

     In case of a discrepancy between the texts, the Russian text will prevail.

For the Government

Republic of Kazakhstan

For the Government

People's Republic of China

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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