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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on the Readmission of Persons with Illegal Residence and the Executive Protocol on the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on the Readmission of Persons with illegal Residence
The Law of the Republic of Kazakhstan dated March 1, 2016 No. 468-V SAM
To ratify The Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on the readmission of persons with illegal residence and the Executive Protocol on the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on the Readmission of persons with illegal residence, committed in Minsk on September 2, 2015.
President of the Republic of Kazakhstan N. NAZARBAYEV
Agreement between the Government of the Republic of Kazakhstan and By the Government of the Republic of Moldova on the readmission of persons with illegal residence
Entered into force on June 23, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 4, art. 69
The Government of the Republic of Kazakhstan and the Government of the Republic of Moldova, hereinafter referred to as the Parties, determined to strengthen cooperation in order to increase the effectiveness of countering illegal migration; concerned about the significant increase in the activities of organized criminal groups for the illegal transportation of migrants; Desiring, by concluding this Agreement on the basis of reciprocity, to establish prompt and effective procedures for the identification and readmission of persons who fail or cease to comply with the conditions of entry, stay, stay or residence in the territory of the States of the Parties, as well as to facilitate the transit of such persons in a spirit of cooperation; bearing in mind that, in appropriate cases, the Parties should make every effort efforts to send third-country nationals and stateless persons who have illegally entered their territories to their States of nationality or permanent residence; Recognizing the need to respect human rights and freedoms and emphasizing that this Agreement does not prejudice the rights and obligations of the States Parties in accordance with international law, in particular, The Convention relating to the Status of Refugees of 28 July 1951 and The Protocol on the Status of Refugees of January 31, 1967, the International Covenant on Civil and Political Rights of December 16, 1966, and international treaties on extradition to which the States of the Parties are parties have agreed as follows:
Article 1 Definitions
The terms used in this Agreement mean the following: "Readmission" means the return, in accordance with the provisions of this Agreement, by the competent authority of the requesting State and the acceptance by the competent authority of the requested State of persons (citizens of the requested State, third-country nationals, or stateless persons) who have illegally entered, are, are, or reside in the territory of the requesting State; "Third-country national" means a person who has other nationality other than the nationality of the States of the Parties; "Stateless person" - a person who does not have the citizenship of the Republic of Kazakhstan or the Republic of Moldova and the citizenship of another state; "Stay" - the right granted by the competent authorities of the Parties, located on their territory in accordance with the national legislation of the Parties; "Residence permit" - a valid permit issued by the competent authorities of the Parties, granting the person the right for residence in the territory of the State of the relevant Party; "Visa" is a permit or document granting the right to enter or transit through the territory of the states of the Parties, which does not include an airport transit visa; "Airport transit visa" is a visa intended for transit through an international airport in the territory of the Republic of Moldova; "Transit" is the passage of third-country nationals or stateless persons through the territory of the requested State from the requesting State to the destination State; "Requesting State" - the State of one of the Parties that sends a request for readmission or transit in accordance with this Agreement; "Requested State" - the State of one of the Parties to which the request for readmission or transit is sent in accordance with this Agreement; "Competent authorities" - the authorities of the Parties responsible for the implementation of this Agreement.
Article 2 Readmission of own citizens
1. The requested State, at the request of the requesting State, within the framework of this Agreement, accepts in its territory any person who does not fulfill or ceases to fulfill the conditions of entry, stay or residence in the territory of the requesting State, if it is established in accordance with this Agreement that this person is a national of the requested State. This provision also applies to persons who, after entering the territory of the requesting State, have been deprived of or renounced the citizenship of the requested State and have not acquired the citizenship of the requesting State or a third State. 2. Simultaneously with the readmission of the persons referred to in paragraph 1 of this article, the requesting State shall carry out the readmission of their: 1) unmarried minor children, regardless of their place of birth or nationality, if they do not have an independent right to stay or reside in the territory of the requesting State.; 2) spouses who have a nationality other than that of the persons referred to in paragraph 1 of this article, if they have the right to enter, stay or reside in the territory of the requested State and do not have an independent right to stay or reside in the territory of the requesting State. 3. The requested State, regardless of the will of the person to be readmitted, shall, if necessary, issue a travel document necessary for the return of this person, the validity period of which is not more than 30 (thirty) days. The travel document is issued by the diplomatic mission or consular institution of the requested State within three (3) business days from the date of receipt of the relevant request. If, for legal or factual reasons, the person to be readmitted cannot be transferred during the validity period of the issued travel document, the requested State, in accordance with the procedure provided for in this paragraph, issues a new travel document, the validity period of which will be the same as that of the travel document previously issued to the person.
Article 3 Readmission of third-country nationals and stateless persons
1. The requested State, at the request of the requesting State, within the framework of this Agreement, accepts on its territory any citizen of a third State or a stateless person who does not fulfill or ceases to fulfill the conditions of entry, stay or residence in the territory of the requesting State, if, in accordance with this Agreement, it is proved that such a person: 1) illegally entered the territory of the requesting State; the territory of the requesting State from the territory of the requested State where it was lawfully located; or 2) had a valid residence permit issued by the requested State at the time of entry; or 3) had a valid visa issued by the requested State at the time of entry. 2. The readmission obligation provided for in paragraph 1 of this article shall not apply if: 1) a citizen of a third country or a stateless person was exclusively in the transit zone of an international airport in the territory of the requested State or has a transit visa; or 2) the requesting State has issued a visa or residence permit to a citizen of a third country or a stateless person before or after entering its territory, except in the following cases: This person has a visa or residence permit issued by the requested State and has a longer validity period, even if the visa or residence permit issued by the requested State was obtained using forged documents.
Article 4 Erroneous readmission
The requesting State shall take back the person returned by the requested State if, within three (3) months after the transfer of the person to it, it is established that the requirements provided for in articles 2 and 3 of this Agreement have not been met, or it is found that at the time of the transfer of the person there were no conditions for the readmission of such person provided for in this Agreement. In such cases, the provisions of this Agreement governing readmission and transit procedures shall apply, and the requested State, together with the returned person, shall transmit all available information on the identity and nationality of the person to be transferred to the requesting State.
Article 5 Application for readmission
1. In accordance with the provisions of this Agreement, in order to carry out the readmission of a person, the competent authority of the requesting State shall send a request for readmission to the competent authority of the requested State by mail or by means of technical means of transmitting information. 2. A readmission application is not required if the person to be readmitted has a travel document of a citizen of the requested State valid for crossing the State border, and in the case of readmission of third-country nationals and stateless persons, if the person has a valid residence permit issued by the requested State. 3. The readmission application must contain the following information: 1) all available information about the person to be readmitted (first name, last name, date and place of birth, gender, last place of residence), detailed information about his unmarried minor children and (or) spouses, a 40x60 mm color photograph of the person to be readmitted; 2) data: proof of the person's nationality of the requested State; or the conditions for the readmission of a third-country national; or the conditions for the readmission of a stateless person. 4. Where necessary, the readmission application must also contain the following information:: 1) a statement indicating that the person to be readmitted may require medical assistance or special care; 2) information on any other protective or safety measures that may be necessary in the event of transfer. 5. The readmission request form is contained in Annex 6 of the Executive Protocol.
Article 6 Proof of citizenship
1. A person's nationality of the requested State may be: 1) confirmed on the basis of at least one of the documents specified in annex 1 of the Executive Protocol, even if such document has expired. If such documents are submitted, the requested State recognizes the nationality of the person without further verification. 2) assumed on the basis of at least one of the documents specified in annex 2 of the Executive Protocol, even if such document has expired. If such documents are submitted, the requested State considers the nationality of the person established, unless it can prove otherwise. 2. Forged documents cannot serve as proof of a person's citizenship of the relevant State. 3. The family ties of the transferred citizen of the requested State with the persons to be readmitted referred to in paragraph 2 of Article 2 of this Agreement and his right to enter the territory of the requested State may be confirmed by submitting the documents specified in Annex 3 of the Executive Protocol. 4. If none of the documents specified in annexes 1 and 2 of the Executive Protocol can be submitted, the diplomatic mission or consular post of the requested State shall conduct an interview with the person to be readmitted within 10 (ten) days in order to establish his nationality.
Article 7 Evidence against third-country nationals and stateless persons
1. The fact of illegal entry of third-country nationals and stateless persons from the territory of the requested State to the territory of the requesting State may be confirmed by submitting: 1) any of the documents specified in Part A of Annex 4 of the Executive Protocol. In the case of submission of such documents, the requested State recognizes the fact of illegal entry from its territory into the territory of the requesting State. 2) any of the documents specified in Part B of Annex 4 of the Executive Protocol. In the case of submission of such documents, the requested State shall conduct an investigation and provide a response within a period not exceeding 20 (twenty) days from the date of receipt of such documents. In cases of a positive response or no response after the expiration of this period, the requested State recognizes the fact of illegal entry from its territory into the territory of the requesting State. 2. Illegality of entry into the territory of the requesting State in accordance with subparagraph 1) Paragraph 1 of Article 3 of this Agreement is established if the travel documents of the relevant person do not contain the necessary visa or residence permit in the territory of the requesting State. A reasoned statement by the requesting State that the person concerned does not have the necessary travel documents, visa or residence permit also serves as confirmation of the illegal entry, stay or residence of this person. 3. Lawful stay of third-country nationals and stateless persons in the territory of the requested State in accordance with subparagraph 1) paragraph 1 of Article 3 of this Agreement, the availability of a residence permit or visa of the requested State in accordance with paragraphs 2) and 3) paragraph 1 of Article 3 of this Agreement may be confirmed by submitting: 1) any of the documents specified in Part A of Annex 5 of the Executive Protocol. If such documents are submitted, the requested State will recognize the residence of such persons on its territory as lawful without further verification. 2) any of the documents specified in Part B of Annex 5 of the Executive Protocol. In the case of submission of such documents, the requested State shall conduct an investigation and provide a response within a period not exceeding 20 (twenty) days from the date of receipt of such documents. In cases of a positive response or no response after the expiration of this period, the requested State recognizes the presence of such persons on its territory as lawful. 4. Forged documents cannot serve as proof of the existence of grounds for the readmission of third-country nationals and stateless persons.
Article 8 Interview
1. If it is impossible for the competent authority of the requesting State to submit any of the documents provided for in annexes 1 and 2 of the Executive Protocol, the requested State shall conduct an interview with the person to be readmitted in order to establish nationality. 2. The interview is conducted: 1) from the Kazakh Side: employees of the diplomatic mission or consular institution of the Republic of Kazakhstan accredited in/for the Republic of Moldova; 2) from the Moldovan Side: employees of the diplomatic mission or consular institution of the Republic of Moldova accredited in/for the Republic of Kazakhstan. 3. The competent authority of the requested State shall notify the competent authority of the requesting State in writing of the results of the interview as soon as possible, but no later than 10 (ten) days from the date of receipt of the readmission request with the request for an interview included therein. 4. The time limits provided for in paragraph 3 of Article 9 of this Agreement for responding to a readmission request shall be calculated from the date on which the competent authority of the requested State sends a written notification of the interview results, but not later than the time limit provided for in paragraph 3 of this article.
Article 9 Time limits
1. An application for the readmission of a citizen of the requested State may be sent to the competent authority of the requested State at any time after the competent authority of the requesting State receives information that such citizen does not fulfill or ceases to fulfill the conditions of entry, stay or residence in the territory of the requesting State. 2. A request for readmission of a citizen of a third State or a stateless person shall be sent to the competent authority of the requested State within a period not exceeding 6 (six) months from the date of receipt by the competent authority of the requesting State of information that a citizen of a third State or a stateless person does not fulfill or ceases to fulfill the conditions of entry, stay or residence in the territory of the requesting State. An obligation with respect to the readmission of a third-country national or a stateless person does not arise if the request for the readmission of such persons has been sent after the expiration of the period specified in this paragraph. 3. A written response to the request for readmission shall be sent by the competent authority of the requested State within a period not exceeding 14 (fourteen) days from the date of receipt of such request. petitions. When calculating the specified period, the time of the investigation specified in subparagraph 2) is not taken into account. paragraph 1 and subparagraph 2) paragraph 3 of Article 7 of this Agreement. If there are circumstances that prevent a timely response to a readmission request, the response period based on a reasoned request from the competent authority of the requested State is extended to 30 (thirty) days. If the response to the readmission request has not been received within the time limits specified in this paragraph, it is considered that the response to the readmission request is positive. 4. In case of rejection of the readmission application, the competent authority of the requesting State is informed of the reasons for rejecting the application. 5. Upon receipt of a positive response by the competent authority of the requesting State to the readmission request, the person subject to readmission shall be transferred within a period not exceeding 3 (three) months in accordance with the procedure established in accordance with paragraph 1 of Article 10 of this Agreement.
Articles 10 Conditions of transfer and modes of transport
1. Prior to the transfer of a person subject to readmission, the competent authorities shall agree in advance in writing on the date of transfer, the checkpoint across the state border, the conditions for possible escort and other information related to the transfer. 2. For the transfer of a person subject to readmission, the air mode of transport is mainly used.
Article 11 Principles of transit
1. The Parties shall restrict the transit of third-country nationals or stateless persons in cases where such persons cannot be returned directly to the destination State. 2. The requested State shall permit the transit of third-country nationals or stateless persons if it guarantees that such persons can continue to travel through the territories of all transit States to the destination State and be accepted by that State. 3. At the request of the requested State, transit of third-country nationals or stateless persons is carried out with an escort. 4. The requested State may refuse transit: 1) if there is a threat that in the destination or transit State a citizen of a third country or a stateless person may 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 political beliefs; 2) if a citizen of a third State or a stateless person may be subjected to criminal prosecution or punishment in the requested State, transit State or destination State; 3) for the purpose of protecting public health, ensuring national security, public order or protecting other national interests of the requested State; 4) if transit within the territory of the requested State requires proceed from the arrival airport to another airport; 5) if it is not possible to provide the assistance requested by the requesting State for justified practical reasons. 5. The requested State may revoke any issued transit permit if the circumstances provided for in paragraph 4 of this article subsequently arise or become apparent, or if the person's transit through the territories of possible transit States to the destination State or the acceptance of the person in transit by the destination State is no longer guaranteed. In this case, the requesting State immediately accepts back a citizen of a third country or a stateless person.
Article 12 Transit procedure
1. An application for transit must be submitted to the relevant competent authority of the requested State by mail or by means of technical means of transmitting information no later than 10 (ten) days before the planned transit and contain the following information: 1) on the types of transit transport, transit route, transit States, if any, and the State of final destination; 2) information about the person in transit (first name, last name, previous names, other names used by the person or the names by which he is known, pseudonyms, date of birth, gender, place of birth, citizenship, language, type and number of travel document, color photograph of the person to be readmitted in size 40x60 mm); 3) the checkpoint across the state border that is supposed to be used, the time of transfer of the person in transit, and possible escort; 4) a statement by the competent authority of the requesting State that the terms of this Agreement have been fulfilled. 2. The transit request form is contained in Annex 7 of the Executive Protocol. 3. The requested State, no later than within 10 (ten) days after receiving the transit request or at the reasoned request of the competent authority of the requesting State, no later than 2 (two) business days before the planned transit, notifies the competent authorities of the requesting State in writing of the consent to transit, confirms the checkpoint across the state border and the estimated time of acceptance of the person following the transit, or notifies them of the refusal of transit and indicates the reasons for such refusal. 4. If the transit is carried out by air, the person subject to readmission and his accompanying persons are exempt from the need to obtain airport transit visas.
Article 13 Transportation and transit expenses
All transportation costs related to readmission and transit in accordance with this Agreement to the checkpoint across the state border of the final destination State, as well as transportation and other expenses of the requested State related to the transfer of persons in accordance with Article 4 of this Agreement, shall be covered by the requesting State in a currency acceptable to both Parties within 60 days. from the moment of submission of documents on expenses, without prejudice to the right of the competent authorities of the Parties to reimburse such expenses at the expense of persons subject to readmission, or third parties.
Article 14 Protection of personal data
1. The transfer of personal data is carried out only if it is necessary for the implementation of this Agreement by the competent authorities of the Parties. In each specific case, when transferring, using or otherwise processing personal data, the competent authorities of the Parties shall act in accordance with national laws and international obligations of their States, the provisions of this Agreement and compliance with the following principles: 1) Personal data must be processed on a fair and lawful basis; 2) the collection of personal data must be carried out with a specific, clearly expressed and legitimate purpose related to the implementation of this Agreement, and their subsequent processing by both the authorized bodies of the States of the Parties collecting them and receiving them should not be carried out in such a way that it is incompatible with the specified purpose; 3) personal data must match the purpose for which they are being collected and/or further processed. In particular, the personal data transferred may relate exclusively to: information about the person to be readmitted (first name, last name, previous last names, other names used by the person or the names by which he is known, pseudonyms, gender, marital status, date and place of birth, present and any previous citizenship); documents certifying identity, driver's licenses or travel documents (number, validity period, date of issue, issuing authority, place of issue); other information necessary to identify the person subject to readmission or to study the availability of conditions that, in accordance with this Agreement, are the basis for readmission or transit; 4) personal data must be accurate and, if necessary, updated; 5) personal data must be stored in a form that allows the identification of the relevant person, and no longer than it takes to collect and process them.; 6) the competent authorities of the States of the Parties transmitting and receiving personal data shall take all reasonable measures to correct, destroy or block personal data in cases where their processing does not comply with the provisions of this Article, in particular, when this data does not correspond to the purpose for which it is collected and (or) subsequent processing. The competent authorities notify each other of any corrections, destruction or blocking of the specified data.; 7) the competent authority receiving personal data upon request informs the competent authority transmitting personal data about the use of the transmitted data and the results obtained on their basis; 8) personal data may only be transferred to the competent authorities. Their subsequent transfer to other authorities requires the prior consent of the competent authority transferring personal data.; 9) the competent authority transmitting personal data and the competent authority receiving personal data are required to register the transfer and receipt of personal data in writing. 2. At the request of the person concerned, he should be provided with information about the data available about him, the purpose for which they are used or intended to be used. The right of an interested person to receive information of this nature is regulated by the national legislation of the State in whose territory the request is being submitted. A request for information of this nature may be refused if such refusal is necessary for the purposes of implementing this Agreement, ensuring national security, public order, preventing criminal acts and protecting the rights and freedoms of a person or third parties. If it is discovered that incorrect personal data has been transmitted or personal data that should not have been transmitted, the competent authority that received the personal data is immediately notified, which must immediately correct or destroy it. 3. When transferring personal data, the retention periods of this data established by the national legislation of the State of the relevant Party are indicated, after which the data must be destroyed. Regardless of the retention period, the transferred personal data is destroyed immediately after it is determined that it is not necessary for the purpose for which it was transferred. The Party that submitted the data should be informed of their destruction and the reasons for such destruction. Upon termination of this Agreement, the Parties will immediately destroy all received data. 4. The competent authorities shall ensure the confidentiality of information received from each other, if this information is not subject to disclosure or if the transmitting Party does not intend to make it public. This also applies to technical facilities, equipment, and materials. The procedure for transmitting information of limited use is regulated by separate international treaties.
Article 15 Relationship with other international obligations
This Agreement does not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties, including those listed in the preamble to this Agreement.
Article 16 Executive Protocol
In order to implement this Agreement, the Parties, by mutual agreement, conclude an Executive Protocol on the implementation of this Agreement.
Article 17 Amendments and additions to this Agreement
1. In order to implement this Agreement and (or) consider proposals for amendments and additions to it, the competent authorities of the Parties may, by mutual agreement, organize joint meetings of expert groups. 2. The Parties may, by mutual agreement, make amendments and additions to this Agreement, which are integral parts of this Agreement, which are formalized in separate protocols and enter into force in accordance with the procedure provided for in paragraph 1 of Article 19 of this Agreement.
Article 18 Dispute resolution
Disputes and disagreements that may arise in connection with the interpretation or application of the provisions of this Agreement shall be resolved by the competent authorities of the Parties through negotiations and mutual consultations.
Article 19 Entry into force, duration, suspension and termination of this Agreement
1. This Agreement shall be concluded for an indefinite period and shall enter into force upon the expiration of 30 (thirty) days from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force. 2. Each of the Parties may temporarily, completely or partially suspend the operation of this Agreement, with the exception of Article 2, in order to ensure national security, public order, and public health by written notification through diplomatic channels of the other Party. This Agreement is suspended after 30 (thirty) days from the date of receipt of such notification. The Parties shall notify each other through diplomatic channels of the termination of the suspension of this Agreement. 3. Each Party may terminate this Agreement by notifying the other Party in writing through diplomatic channels. This Agreement shall terminate upon the expiration of 60 (sixty) days from the date of receipt of such notification.
Done in Minsk on September 2, 2015, in two original copies, each in the Kazakh, Romanian and Russian languages, all texts being equally authentic.
In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the text in Russian.
For the Government For the Government of the Republic of Kazakhstan of the Republic of Moldova
Executive Protocol on the implementation of the Agreement between the Government of the Republic Kazakhstan and the Government of the Republic of Moldova on the readmission of persons with illegal residence
The Government of the Republic of Kazakhstan and the Government of the Republic of Moldova (hereinafter referred to as the Parties), in order to implement the provisions of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on the Readmission of Persons with Illegal Residence, concluded in Minsk on September 2, 2015 (hereinafter referred to as the Agreement), as well as on the basis of article 16 of the Agreement, have agreed as follows:
Article 1 Competent authorities
1. Competent authorities: 1) for the Republic of Kazakhstan: Ministry of Internal Affairs Department of Migration Police Address: 1 Tauelsizdik St., 010000, Astana, Phone numbers: +7 (7172) 722273, 714167 Fax number: +7 (7172) 714262 Email: readmissiya.kz@mail.ru .
2) for the Republic of Moldova: Ministry of Internal Affairs Bureau for Migration and Asylum Address: 124 Stefan cel Mare Street, Chisinau, 2001 Phone numbers: +373 22-265-618, 265-609 Fax number: +373 22-272-203 Email: readmission@bma.gov.md .
2. The Parties shall inform each other through diplomatic channels about changes in their competent authorities or names or functions no later than within 3 (three) days from the date of the change in these data.
Article 2 Checkpoints
1. To implement the Agreement, the following state border checkpoints should be used: 1) for the Republic of Kazakhstan: Astana International Airport, Almaty International Airport. 2) for the Republic of Moldova: Chisinau International Airport. 2. By mutual agreement of the competent authorities of the Parties, the transfer or transit of persons is carried out through other points of crossing the state border.
Article 3 Language
Correspondence between the competent authorities of the Parties is carried out in Russian.
Article 4 Application for readmission
1. An application for readmission in accordance with Article 5 of the Agreement shall be drawn up in the form specified in Annex 6 to this Executive Protocol. 2. If there is a need for an interview in accordance with paragraph 2 of Article 8 of the Agreement, the request for an interview is recorded in section F of the readmission application. 3. Copies of documents shall be attached to the application, according to which the nationality of the requested Party's State has been proved or on the basis of which the existence of conditions for the readmission of third-country nationals or stateless persons has been established. 4. No later than 14 (fourteen) working days after the entry into force of the Agreement and this Executive Protocol, the Parties will exchange standard forms of documents, according to which they prove their citizenship of the Republic of Kazakhstan and the Republic of Moldova, as well as a standard form of a travel document. In the event of changes to the documents referred to in this paragraph, the Parties shall immediately inform each other in writing and send the amended or new forms of documents.
Article 5 Accompanied transmission
1. If the person to be readmitted needs assistance or medical care due to his or her health or age, or if measures for his or her protection and safety are necessary, he or she is provided with an escort. 2. The need to accompany a person subject to readmission is specified in section E of the readmission application.
Article 6 Request for transit
An application for transit in accordance with Article 12 of the Agreement shall be drawn up in the form specified in Annex 7 to this Executive Protocol.
Article 7 Dispute resolution
Possible disputes regarding the interpretation or implementation of the provisions of this Executive Protocol shall be resolved by the Parties through bilateral negotiations and consultations.
Article 8 Amendments and additions
By mutual agreement of the Parties, amendments and additions may be made to this Executive Protocol, which are formalized in separate protocols, are integral parts of this Executive Protocol and enter into force in accordance with the procedure provided for in paragraph 1 of Article 19 of the Agreement.
Article 9 of the Annex
Applications 1, 2, 3, 4, 5, 6, 7 The annexes to this Executive Protocol are its integral parts.
Article 10 Final provisions
This Executive Protocol is concluded for an indefinite period, enters into force and terminates simultaneously and in accordance with the procedure provided for in Article 19 of the Agreement.
Done in Minsk on September 2, 2015, in two original copies, each in the Kazakh, Romanian and Russian languages, all texts being equally authentic.
In case of disagreement in the interpretation of the provisions of this Executive Protocol, the Parties shall refer to the text in Russian.
For the Government For the Government of the Republic of Kazakhstan of the Republic of Moldova
Appendix 1 to the Executive Protocol on the implementation of the Agreement between By the Government of the Republic of Kazakhstan and the Government of of the Republic of Moldova on the readmission of persons with illegal residence
General list of documents confirming citizenship
For the Republic of Kazakhstan: 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) identity card of a sailor; 6) birth certificate of a child (if there is an entry in the passport of one of the parents); 7) certificate of return.
For the Republic of Moldova: 1) passports of any type (national passports, diplomatic passports, service passports); 2) identity cards; 3) certificates of return; 4) certificates of citizenship or other official documents that mention or clearly indicate nationality.
Appendix 2 to the Executive Protocol on the implementation of the Agreement between By the Government of the Republic of Kazakhstan and the Government of of the Republic of Moldova on the readmission of persons with illegal residence
A general list of documents that are the basis for the assumption of a risk factor (at first glance) citizenship of the States of the Parties
1) copies of any of the documents listed in Appendix 1 to this Executive Protocol; 2) driver's licenses or copies thereof; 3) birth certificates or copies thereof; 4) service certificates or copies thereof; 5) witness statements; 6) any other documents that are facie (at first glance) They can help to establish the nationality of the relevant person.
Appendix 3 to the Executive Protocol on the implementation of the Agreement between By the Government of the Republic of Kazakhstan and the Government of of the Republic of Moldova on the readmission of persons with illegal residence
General list of documents confirming family ties (paragraph 2 of Article 2 of the Agreement)
1) child's birth certificate; 2) marriage certificate.
Appendix 4 to the Executive Protocol on the implementation of the Agreement between By the Government of the Republic of Kazakhstan and the Government of of the Republic of Moldova on the readmission of persons with illegal residence
General list of documents proving the existence of conditions for the readmission of third-country nationals and stateless persons (paragraph 1 of Article 7 of the Agreement)
Part A 1) Official statements made, in particular, by authorized border guards who are able to attest to the fact that the relevant person has crossed the State border upon entry from the territory of the requested State directly into the territory of the requesting State; 2) registered tickets for flights, trains, buses engaged in international transportation, or on sea and river vessels that confirm the stay and route of the relevant person from the territory of the Requested State to the territory of the requesting State; 3) passenger lists of flights, trains, buses engaged in international transportation, or sea and river vessels that confirm the route of the relevant person from the territory of the Requested State to the territory of the requesting State.
Part B) Official statements made, in particular, by border guards of the requesting State and other witnesses who are able to confirm the fact of crossing the State border by the relevant person; 2) tickets, as well as certificates and receipts of any kind (for example, hotel bills, doctor's vouchers, entrance passes to public (private) institutions, car rental contracts, credit card receipts, etc.), which unequivocally confirm that the relevant person was in the territory of the requested State; 3) information confirming that the relevant person used the services of a carrier or a transport agency; 4) an official statement made by the relevant person during a judicial or administrative procedure.
Appendix 5 to the Executive Protocol on the implementation of the Agreement between By the Government of the Republic of Kazakhstan and the Government of of the Republic of Moldova on the readmission of persons with illegal residence
General list of documents proving the existence of conditions for the readmission of third-country nationals and stateless persons (paragraph 3 of Article 7 of the Agreement)
Part A 1) Visa and/or residence permit issued by the requested State; 2) entry (exit) stamps in the travel document of the relevant person or other evidence of entry (exit).
Part B Copies of any of the documents listed in Part A of this appendix.
Appendix 6 to the Executive Protocol on the implementation of the Agreement between By the Government of the Republic of Kazakhstan and the Government of of the Republic of Moldova on the readmission of persons with illegal residence
[Coat of arms.......]
__________________________________________ (name of the competent authority __________________________________________ ( place and date) of the requesting State) To whom: ____________________________________ ( Name of the competent authority __________________________________________ of the requested State)
REQUEST FOR READMISSION in accordance with article 5 of the Agreement between The Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on the readmission of persons with illegal residence
A. Personal data 1. Full name (underline last name):_________________ 2. Previous surnames:_______________________________ 3. Date and place of birth: ___________________________ 4. Address of residence or place of permanent residence: _________________________________________
photo
_____________________________________________________________________ _____________________________________________________________________ 5. Citizenship and language: ______________________________________________ 6. Marital status:_______________________________________________
married (married)
single (not married)
divorced (divorced)
widower (widow)
7. Gender and appearance description (height, eye color, special signs, etc.): _____________________________________________________________________ _____________________________________________________________________ 8. Also known as (former names, other names used by the person they are known by, or pseudonyms): _____________________________________________________________________ Spouse's name (if married, married): _____________________________________________________________________ _____________________________________________________________________ Children's names and ages (if any): _____________________________________________________________________ 9. Last address in the requesting State: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
B. Personal data of the spouse (if any) 1. Full name (underline last name): _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 2. Previous surnames: _____________________________________________________________________ 3. Date and place of birth: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 4. Gender and description of appearance (height, eye color, special signs, etc.): 5. Also known as (former names, other names used by the person, known pseudonyms): _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 6. Citizenship and language: _____________________________________________________________________ _____________________________________________________________________
C. Personal data of children (if any) 1. Full name (underline last name): _____________________________________________________________________ _____________________________________________________________________ 2. Date and place of birth: _____________________________________________________________________ _____________________________________________________________________ 3. Gender and description of appearance (height, eye color, special signs, etc.): _____________________________________________________________________ _____________________________________________________________________ 4. Citizenship and language: _____________________________________________________________________ _____________________________________________________________________
D. Attached evidence
1.________________________________ __________________________________ (name of the document, no.)
(date and place of issue)
__________________________________ __________________________________ ( issuing authority)
(expiration date)
E. Special circumstances related to the transferred person
1. State of health (for example, possible indications of the need for special medical care, the Latin name of the disease): _____________________________________________________________________ _____________________________________________________________________ 2. A note about the special danger of the person (for example, suspected of committing an offense, characterized by aggressive behavior): _____________________________________________________________________ _____________________________________________________________________ 3. The method of transfer of the person and the checkpoint across the state border: _____________________________________________________________________ _____________________________________________________________________
F. Remarks
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Signature of the representative of the competent authority of the requesting State
Position, first name and last name
M.P.
______________________ signature
Appendix 7 to the Executive Protocol on the implementation of the Agreement between By the Government of the Republic of Kazakhstan and the Government of of the Republic of Moldova on the readmission of persons with illegal residence
[Coat of arms.......]
__________________________________________ (name of the competent authority __________________________________________ ( place and date) of the requesting State) To whom: ____________________________________ ( Name of the competent authority __________________________________________ of the requested State)
REQUEST FOR TRANSIT in accordance with article 12 of the Agreement between The Government of the Republic of Kazakhstan and the Government of the Republic of Moldova on the readmission of persons with illegal residence
A. Personal data 1. Full name (underline last name):_________________ _____________________________________________________ 2. Previous surnames:_______________________________ 3. Date and place of birth: ___________________________ _____________________________________________________ _____________________________________________________
photo
4. Gender and appearance description (height, eye color, special signs, etc.): _____________________________________________________________________ _____________________________________________________________________ 5. Also known as (former names, other names used by the person they are known by, or pseudonyms): _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 6. Citizenship and language: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
B. Transit operation 1. Type of transit:
air
vodny
ground level
2. The State of final destination: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 3. Other possible transit States _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 4. Proposed state border checkpoint, date, time of transfer and possible escort: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 5. Acceptance is guaranteed by any other State of transit and the State of final destination (paragraph 2 of Article 11 of the Agreement):
yes
no
6. Information on the reasons for refusal of transit (paragraph 4 of Article 11 of the Agreement):
there is
no
C. Remarks _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
Signature of the representative of the competent authority of the requesting State
Position, first name and last name
M.P.
__________________ signature
RCPI's note! The text of the Agreement and the Executive Protocol in Romanian is attached.
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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