On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus 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 Republic of Belarus on Readmission

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus 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 Republic of Belarus on Readmission

On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus 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 Republic of Belarus on Readmission

The Law of the Republic of Kazakhstan dated April 13, 2015 No. 301-V SAM

To ratify The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus 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 Republic of Belarus on Readmission, signed in Astana on October 4, 2013.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on readmission

Entered into force on July 3, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 4, art. 37

The Government of the Republic of Kazakhstan and the Government of the Republic of Belarus, hereinafter referred to as the Parties, guided by the desire to develop good-neighborly, partnership relations between their States and cooperation between them in various fields, including in the field of combating illegal migration and cross-border organized crime, being convinced that the implementation of principles and norms agreed upon by the Parties, defining the procedure for the return, reception and transfer of persons, It is an important component of regulating migration processes, as well as contributing to the fight against illegal migration and organized crime, respecting the sovereign right of each of the States of the Parties, in accordance with its legislation, to establish responsibility for illegal migration on its territory or through its territory. foreign citizens and stateless persons, emphasizing that this Agreement does not detract from the rights of, obligations and responsibilities of the States Parties under international law, including the norms of international law enshrined 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, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984 and the International Covenant on Civil and Political Rights of December 16, 1966, as well as international treaties on extradition, have agreed on the following:

Article 1 Definitions

The concepts used in this Agreement mean the following: readmission is 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 the manner, on the terms and for the 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 entry, exit and stay foreign citizens and stateless persons; requesting Party - the Party whose competent authority sends a request for readmission or transit; requested Party - the Party to whose competent authority the request for readmission or transit is sent; third-country nationals - persons who do not have the nationality of the States of the Parties and belong to the nationality of a State that is not a party to this Agreement; stateless persons - persons who are not citizens of the States of the Parties and have no evidence 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 the provisions of paragraph 1 of Article 2 of this Agreement; competent authorities - the authorities of the States of the Parties, which implementation of this Agreement; State border checkpoint - a checkpoint across the State Border of the Republic of Kazakhstan or the Republic of Belarus, established in accordance with the legislation of the States of the Parties for border crossing at international airports; personal data - information related to a specific or identifiable personal data subject, recorded on electronic, paper and (or) other material media; Executive Protocol - The Executive Protocol on the procedure for the implementation of this Agreement; transit is 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 competent authorities of the State of the requested Party shall receive, at the request of the competent authority of the State of the requesting Party, 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, if it is established that they are citizens of the State of the requested Party or have lost their citizenship after entering the territory of the requesting State and have not acquired the citizenship of another State. 2. If necessary, the diplomatic mission or consular institution of the State of the requested Party shall issue to the transferred person a document necessary for his entry into the territory of that State, the validity period of which is 30 calendar days from the date of its issuance. 3. The list of documents on the basis of which it is determined whether the person has the nationality of the State of the requested Party is specified in the Executive Protocol. The Parties shall exchange samples of such documents through diplomatic channels within 30 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 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 defined in the Executive Protocol. 5. If the person referred to in paragraph 1 of this Article has a valid document certifying the identity of a citizen of the requested State, a request for readmission is not required. The transfer of such persons shall be carried out in accordance with Article 9 of the Executive Protocol, but the competent authorities of the States of the Parties shall notify each other of the date of departure of such person no later than 72 (seventy-two) hours before departure.

Article 3 Readmission of third-country nationals and stateless persons

1. The competent authorities of the State of the requested Party shall accept, at the request of the competent authority of the State of the requesting Party, a citizen of a third State or a stateless person who has entered or is in the territory of the State of the requesting Party in violation of the legislation of that State, if evidence is provided that such a person: 1) entered the territory of the State of the requesting Party directly from the territory of the State of the requested Party with violation of the legislation of the requesting State on entry issues, departure and stay of foreign citizens and stateless persons; 2) at the time of sending the readmission request, has legitimate grounds for residence or stay in the territory of the requested Party's State. 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 a citizen of a third State or a stateless person does not have an identity document and there is no possibility of issuing such a document by the competent authority of the State of nationality or permanent residence of this person, then after receiving a positive response to the request for readmission, the competent authority of the requesting State shall issue to such person the document necessary for entry into the territory of the requested State. Of the Party, the validity period of which is not less than 30 calendar days from the date of its issuance. The Parties shall exchange samples of such documents through diplomatic channels within 30 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. 4. The list of documents indicating the existence of grounds for the readmission of third-country nationals and stateless persons is defined in the Executive Protocol. 5. If the person referred to in paragraph 1 of this article has a valid residence permit issued by the competent authority of the requested State, a readmission request is not required. The transfer of such persons shall be carried out in accordance with Article 9 of the Executive Protocol, but the competent authorities of the Parties shall notify each other of the date of departure of such person no later than 72 (seventy-two) hours before departure.

Article 4 Time limits for sending and reviewing requests for readmission

1. A request for readmission in respect of a citizen of a third State or a stateless person shall be sent by the competent authority of the State of the requesting Party directly to the competent authority of the State of the requested Party within a period not exceeding 180 calendar days from the date of establishing the fact of illegal entry or illegal stay of this person in the territory of the State of the requesting Party and (or) establishing his identity. 2. The competent authority of the State of the requested Party shall, within 30 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 authority of the State of the requested Party determines that the conditions provided for in paragraph 1 of Article 2 and paragraph 1 of Article 3 of this Agreement are not necessary for the transfer of this person. If there are circumstances of a legal or factual nature that prevent a timely response to a readmission request, the response time based on a reasoned request from the competent authority of the requested Party's State is extended to 60 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 is carried out within 30 calendar days from the date of receipt of such consent by the requesting Party, unless otherwise agreed by the 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 persons mentioned therein cannot be transferred to the competent authority of the requested State due to circumstances objectively preventing the transfer, and a corresponding written notification is sent. If it is impossible to transfer a person in respect of whom the requested Party has agreed to readmission, the competent authority of the State of the requesting Party shall immediately send a corresponding written notification to the competent authority of the State of the requested Party.

Article 6 Erroneous readmission

1. The competent authority of the requesting State shall take back the person transferred to it within 30 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 Article 2 and paragraph 1 of Article 3 of this Agreement. In this case, the competent authority of the State of the requested Party shall transmit to the competent authority of the State of the requesting Party the materials at its disposal concerning this person. 2. The return of such persons is carried out at checkpoints across the State Border at international airports of the requesting State.

Article 7 Transit

1. The competent authority of the State of the requested Party, at the request of the 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 authority of the State of the requesting Party guarantees that these persons will be granted unhindered 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. A request for transit of persons referred to in paragraph 1 of this Article shall be sent by the competent authority of the State of the requesting Party in advance, but not later than 15 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, unless the competent authorities of the States of the Parties agree otherwise in each specific case. 4. The competent authority of the requested Party's State shall, within 7 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 authority of the State of the requested Party, at the request of the competent authority of the State of the requesting Party, shall provide possible assistance. 6. The competent authority of the State of the requested Party may refuse the transit of the persons referred to in paragraph 1 of this Article in the following cases:: 1) there is a threat that in the State of destination or transit a citizen of a third country or a stateless 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 persons in the territory of the requested Party's State is undesirable, including in the interests of national security, public order or public health. 7. The competent authority 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 authority of the State 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 with respect to them, as well as if unhindered entry into the territory The State of destination or transit can no longer be considered guaranteed. 8. The competent authorities of the States of the Parties shall, on the basis of reciprocity, take measures to limit the transit of third-country nationals and stateless persons who may be returned directly to their States of citizenship or permanent residence. 9. The competent authorities of the States of the Parties shall carry out transit of third-country nationals and stateless persons by air.

Article 8 Protection of personal data

1. Personal data of persons subject to readmission, which the competent authorities of the States of the Parties exchange or transfer to each other in connection with the implementation of this Agreement, are subject to protection in the State of each of the Parties in accordance with its legislation 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 of persons subject to readmission only for the purposes of this Agreement and ensure their confidentiality.

Article 9 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 independently or by a third party. 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 a third party. 3. The costs associated with the transfer of persons whose grounds for readmission were absent and their possible escort to a checkpoint across the State Border of the requesting Party's State shall be borne by the Party whose actions or omissions led to the erroneous readmission.

Article 10 Executive Protocol

The Executive Protocol to this Agreement is an integral part of it and contains rules defining: 1) the competent authorities and the distribution of powers between them; 2) the content and procedure for sending a request for readmission or transit; 3) conducting an interview; 4) the procedure for readmission or transit; 5) the conditions for the transfer of escorted persons, including including in the case of transit of third-country nationals and stateless persons; 6) the procedure for making mutual settlements related to the implementation of this Agreement.

Article 11 Suspension and renewal of this Agreement

1. Each Party may partially or completely suspend the operation of this Agreement for reasons related to the protection of national security, ensuring public order or protecting public health. 2. One Party shall notify the other Party in writing through diplomatic channels of the suspension or resumption of this Agreement no later than 72 (seventy-two) hours prior to the start of the implementation of such a decision.

Article 12 Dispute resolution procedure

1. Disputes arising in relations between the competent authorities of the States of the Parties and related to the implementation or interpretation of this Agreement shall be resolved through consultations and negotiations between them. 2. By mutual agreement, the competent authorities of the States of the Parties may hold working meetings and expert consultations on issues related to the implementation of this Agreement.

Article 13 Making changes and additions

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and formalized by the relevant protocol.

Article 14 Relation to other international treaties

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.

Article 15 Final provisions

1. This Agreement shall enter into force upon the expiration of 30 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 years from the date of entry into force of this Agreement. During this 3-year period, these provisions apply only to third-country nationals and stateless persons from third countries with whom the Republic of Kazakhstan and/or the Republic of Belarus have valid international readmission agreements. 3. This Agreement is concluded for an indefinite period, and its validity is terminated upon the expiration of 60 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. 4. In case of termination of this Agreement, the Parties will settle the obligations that arose during its validity period.

Done in Astana on October 4, 2013, in two copies, each in the Kazakh and Russian languages, both texts having the same legal force. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall use the text in Russian.

For the Government For the Government of the Republic of Kazakhstan of the Republic of Belarus

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

Article 1 Competent authorities

1. The competent authorities responsible for the implementation of the Agreement are from: the Republic of Kazakhstan - the Ministry of Internal Affairs; the Republic of Belarus - the Ministry of Internal Affairs, the State Border Committee. 2. The Parties shall immediately inform each other through diplomatic channels about changes in the competent authorities referred to in paragraph 1 of this Article. 3. In order to implement the Agreement and this Executive Protocol, the competent authorities of the States of the Parties shall directly interact with each other. 4. The Ministry of Internal Affairs of the Republic of Kazakhstan considers readmission requests for citizens of the Republic of Kazakhstan, third-country nationals and stateless persons, and also sends readmission requests for citizens of the Republic of Belarus, third-country nationals and stateless persons, and transit. 5. The Ministry of Internal Affairs of the Republic of Belarus considers readmission requests for citizens of the Republic of Belarus, third-country nationals and stateless persons, and also sends readmission requests for citizens of the Republic of Kazakhstan, third-country nationals and stateless persons, and transit requests. The State Border Committee of the Republic of Belarus considers transit requests. 6. In order to implement this Executive Protocol, the competent authorities of the States of the Parties shall inform each other in writing through diplomatic channels of their contact details within 30 calendar days from the date of its entry into force. 7. The competent authorities of the States of the Parties shall immediately inform each other in writing about 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) diplomatic passport of the Republic of Kazakhstan; 4) official passport of the Republic of Kazakhstan; 5) certificate of return; 6) birth certificate (if there is an entry in the passport of one of the parents); 7) temporary identity card of a citizen of the Republic of Kazakhstan. 2. The citizenship of the Republic of Belarus is confirmed by the following documents: 1) passport of a citizen of the Republic of Belarus; 2) diplomatic passport of a citizen of the Republic of Belarus; 3) official passport of a citizen of the Republic of Belarus; 4) certificate of return to the Republic of Belarus. 3. Grounds to believe that a person has the citizenship of the Republic of Kazakhstan are available if: 1) the documents specified in paragraph 1 of this Article have expired; 2) copies of the documents specified in paragraph 1 of this Article.; 3) statements in the form provided for in Annex 1 to this Executive Protocol, filled in by the person subject to readmission; 4) written explanations from witnesses legally taken by the relevant competent authorities; 5) written explanations from government officials; 6) positive results of the interview with the person subject to readmission. 4. There are grounds to believe that a person has the citizenship of the Republic of Belarus if there are: 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) passport of a citizen of the USSR with a stamp on registration at the place of residence in the territory of the Republic of Belarus on November 12, 1991 inclusive; 4) statements in the form according to Appendix 1 to this Executive Protocol, filled in by the person subject to readmission; 5) written explanations of witnesses, legally accepted by the relevant competent authorities; 6) written explanations from 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 valid documents serve as proof of the existence of grounds for the readmission of third-country nationals and stateless persons: 1) a residence permit for a foreigner issued by the State of the requested Party; 2) a certificate (residence permit) for a stateless person issued by the State of the requested Party; 3) a refugee certificate issued by the State of the requested Party; 4) travel document issued by the State of the requested Party; 5) an identity document 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; 6) a valid temporary residence permit (only for the Republic of Belarus) or permanent residence permit (residence permit) in the territory of the State of the requested Party. 2. The following marks serve as evidence of the existence of grounds for the readmission of third-country nationals and stateless persons: 1) the entry (exit) mark of the authorized bodies of the States of the Parties in any form of an identity document and entitling them 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. The evidence referred to in paragraphs 1 and 2 of this Article shall be recognized by the Parties without additional formalities. 4. The following documents and information serve as indirect evidence of the existence of grounds for the readmission of third-country nationals and stateless persons: 1) residence permit (residence permit) in the territory of the requested State, refugee certificate and refugee travel document, which expired no more than 180 calendar days ago; 2) visa issued by the competent authorities the State of the requesting Party in the territory of the State of the requested Party whose validity period has expired; 3) written explanations of government officials; 4) written explanations of the person subject to readmission; 5) written explanations of witnesses. 5. The documents and information specified in paragraph 4 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 and information not provided for in articles 2 and 3 of this Executive Protocol are 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 and information specified in paragraph 1 of this Article when considering a readmission request is decided by the competent authority of the requested Party's State.

Article 5 Interview

1. The primary responsibility for conducting an interview at the request of the 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 competent authority of the requested Party's State in the requesting Party's State. 2. In the absence of a representative of the 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 shall be conducted within a period not exceeding 14 calendar days from the date of receipt by a representative of the 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 a request for an interview drawn up in accordance with the annex 2 to this Executive Protocol. 4. The date, time and place of the interview are agreed upon by the competent authorities of the States of the Parties on a case-by-case basis.

Article 6 Content and procedure for sending a readmission request, and 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 by the competent authority of the State of the requesting Party to the competent authority of the State of the requested Party by mail and using technical means of transmitting information. 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 provided for 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 competent authority of the requesting State shall indicate in paragraph "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 competent authority of the requesting Party's State by the competent authority of the requested Party's State in writing by mail and by means of technical means of transmitting information within the time limits established by paragraph 2 of Article 4 of the Agreement.

Article 7 The 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 by the competent authority of the State of the requesting Party to the competent authority of the State of the requested Party by mail and by means of technical means of transmitting information within the time limits established by paragraph 3 of Article 7 of the Agreement. 2. If necessary, the competent authority of the requesting State shall indicate in paragraph "B" of the transit request additional information on the particular danger and health condition of the person being transited. 3. A response to a transit request shall be sent to the competent authority of the requesting Party's State by the competent authority of the requested Party's State in writing by mail and by means of technical means of transmitting information within the time limits established by paragraph 4 of Article 7 of the Agreement.

Article 8 Escort of a person subject to readmission or transit

1. If it is necessary to readmit or transit an escorted person, the competent authority of the State of the requesting Party shall inform the competent authority of the State of the requested Party of the names, surnames and positions of the accompanying persons, the type, number, date of issue and validity of their passports, as well as the estimated duration of their stay in the territory of the State of the requested Party. 2. Accompanying persons shall 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. Readmission of persons is carried out at checkpoints across the State Border at international airports of the requested Party's State. 2. The transit of persons is carried out in the transit zones of the international airports of the States of the Parties. 3. The date and time of readmission or transit, as well as the checkpoints used for this purpose across the State Border at international airports of the States of the Parties, shall be determined by mutual agreement of the competent authorities of the States of the Parties in each specific case. 4. The competent authority of the requesting Party's State shall notify the competent authority of the requested Party's State of the conditions of such transfer no later than 5 working days prior to the planned date of transfer of the person to be readmitted. The competent authority of the requested Party's State shall notify the competent authority of the requesting Party's State of the acceptability of the transfer conditions no later than 3 business days after the date of receipt of such information. 5. If the terms of transfer proposed by the competent authority of the requesting State are unacceptable to the 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, 2, 3, and 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 9 of the Agreement by the requesting Party in a currency acceptable to both Parties, within 30 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 during the transfer of persons transferred by mistake shall be reimbursed in accordance with paragraph 3 of Article 9 of the Agreement by the other Party in a currency acceptable to both Parties within 30 calendar days from the date of receipt of the notification of the expenses incurred, accompanied by financial documents confirming the expenses incurred.

Article 12 of the Annex

Annexes 1, 2, 3, and 4 to this Executive Protocol are an integral part of it.

Appendix 1 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of Republic of Belarus on readmission

APPLICATION OF the person subject to readmission in accordance with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on readmission dated October 4, 2013

1. Last name, first name, patronymic, middle name (underline last name) _________ _____________________________________________________________________ 2. Maiden name __________________________________________________ 3. Date and place of birth ____________________________________________ 4. Identity document ________________________________ 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 State The parties _____________________________________________________________ 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 ___________________________________________________ _____________________________________________________________________ ________________ ( personal signature)

" " 2013

The place where the application was drawn up _________________________________________ _____________________________________________________________________ ( signature of the competent official (initials, last name) authority of the requested Party's State)

M.P.

Appendix 2 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of Republic of Belarus on readmission

Coat of arms of the requesting State

__________________________________ (name of the competent authority _______________________________ States of the requesting Party) (place and date)

Number ____________________________

To whom _____________________________ ( name of the competent authority of the requested Party's State)

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 Republic of Belarus on Readmission dated October 4, 2013

A. Personal data

1. Last name, first name, patronymic, middle name (underline last name) ____________________________________________________________________ 2. Maiden name _________________________________________________ ____________________________________________________________________ 3. Date and place of birth ___________________________________________ ____________________________________________________________________

Photo

6. Citizenship and language _________________________________________________________________ 7. Marital status:

married (married)

single

divorced

widower (widow) The spouse's name (if married, married) and 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. Information about travel routes _________________________________________________ _______________________________________________________________________________________ 11. Health status ________________________________________________________________ 12. Documents available to the person:

_______________________________________ (document type)

______________________________________ (date and place of issue)

_______________________________________ (the authority that issued the document)

______________________________________ (expiration date)

B. Note

_______________________________________________________________________________________ _______________________________________________________________________________________

Location of the interview ________________________________________________________ _________________________________________ __________________________________ ( signature of the competent official (initials, surname) authority of the requested Party's State)

M.P.

Appendix 3 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of Republic of Belarus on readmission

Coat of arms of the requesting State

__________________________________ ___________________________ ( name of the competent authority (place and date) States of the requesting Party)

Number _________________________________

To whom __________________________________ ( name of the competent authority of the requested Party's State)

Request for readmission in accordance with article 6 of the Executive Protocol on the Procedure for Implementing the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Belarus on Readmission dated October 4, 2013

A. Personal data

Photo

6. Citizenship and language _________________________________________________________________ 7. Information about issued residence permits, temporary residence permits or visas _________________________________________________________________________________ 8. Marital status:

married (married)

single

divorced

widower (widow) The spouse's name (if married, married) and his location _______________________________ _______________________________________________________________________________________ The names and ages of the children (if any) and their location ________________________________ _______________________________________________________________________________________ 9. Last location in the requesting 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 (possible indications of the need for special medical care, the name of the infectious disease, etc.) _______________________________________________ _______________________________________________________________________________________ 2. A note about the special danger of a person (suspected of committing a crime, a tendency to aggressive behavior, etc.) _________________________________________ _______________________________________________________________________________________

B. Attached evidence of nationality

1. Documents confirming citizenship:

_______________________________________ (document type)

______________________________________ (date and place of issue)

_______________________________________ (the authority that issued the document)

______________________________________ (expiration date)

2. Documents and information giving grounds to assume citizenship ________________________________________________________________________ _______________________________________________________________________________________ G. Note _______________________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________

_________________________________________ __________________________________ ( signature of the competent official (initials, surname) authority of the requested Party's State) M.P.

Appendix 4 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of Republic of Belarus on readmission

Coat of arms of the requesting State

__________________________________ ___________________________ ( name of the competent authority (place and date) States of the requesting Party)

Number _________________________________

To whom __________________________________ ( name of the competent authority of the requested Party's State)

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 Republic of Belarus on Readmission dated October 4, 2013

A. Personal data

Photo

4. Gender and physical 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

B. Transit operation

1. State of destination _____________________________________________________________ _______________________________________________________________________________________ 2. Other possible transit States ______________________________________________ _______________________________________________________________________________________ 3. Proposed place of crossing the state border, date, time _______________________________________________________________________________________ _______________________________________________________________________________________ 4. Information about accompanying persons: _______________________________________________________________________________________ _______________________________________________________________________________________ G. Note _______________________________________________________________________________________ _______________________________________________________________________________________ The acceptance of a person is guaranteed by another transit State and/or destination State.

_________________________________________ __________________________________ ( signature of the competent official (initials, surname) authority of the requested Party's State) M.P.

President

Republic of Kazakhstan

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