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

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

The Law of the Republic of Kazakhstan dated March 16, 2017 No. 55-VI SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland on the Readmission of Persons, signed in Warsaw on August 22, 2016.

President of the Republic of Kazakhstan

N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland on the readmission of persons

(Entered into force on August 4, 2017 - Bulletin of International Treaties of the Republic of Kazakhstan 2017, No. 4, art. 60)

The Government of the Republic of Kazakhstan and the Government of the Republic of Poland, 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 involved in the illegal transportation of migrants;

Desiring to establish, through the conclusion of this Agreement and on the basis of reciprocity, prompt and effective procedures for the identification and organization of the return of persons who do not or have ceased to comply with the conditions of entry, 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;

Considering that the Parties should make every effort to return third-country nationals and stateless persons who have illegally entered the territory of their States 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 July 28, 1951, signed in Geneva, and the Protocol relating to the Status of Refugees of January 31, 1967, signed in New York; The International Covenant on Civil and Political Rights of December 16, 1966, signed in New York, and international treaties on extradition to which the States of the Parties are parties;

have agreed on the following:

Article 1

Definitions

The terms used in this Agreement mean the following:

1) "Readmission" means the return, in accordance with the provisions of this Agreement, by the competent authority of the Requesting Party and the acceptance by the competent authority of the Requested Party of citizens of the State of the Requested Party, third–country nationals or stateless persons who have illegally entered, are staying or reside in the territory of the Requesting Party.;

2) "Citizen of a third State" means a person who has a nationality other than that of the States of the Parties;

3) "Stateless person" – a person who has no proof of belonging to the citizenship of any state.;

4) "Residence permit" means a valid permit issued by the authorized bodies of the State of a Party granting a person the right to stay or reside in the territory of the State of that Party. A residence permit is not a visa, nor is it a permit for the Republic of Poland granting the right to stay in the territory of the State of that Party during the consideration of an application for international protection.;

5) "Visa" is a permit issued by an authorized body of the State of the Party granting the right to enter or transit through the territory of the State of the Party, which does not include:

for the Republic of Kazakhstan – a transit visa issued at the airport;

for the Republic of Poland – an airport transit visa;

6) "Transit" – the passage of third-country nationals or stateless persons through the territory of the Requested Party from the Requesting Party to the destination State;

7) "Requesting Party" means the State of one of the Parties that submits a request for readmission or transit in accordance with this Agreement.;

8) "Requested Party" means the State of one of the Parties to which a request for readmission or transit is sent in accordance with this Agreement.;

9) "Competent authorities" – the authorized bodies of the States of the Parties responsible for the implementation of this Agreement.

Article 2

Readmission of own citizens

1. The Requested Party, at the request of the Requesting Party, shall, within the framework of this Agreement, accept, without formalities other than those specified in this Agreement, in its territory any person who does not fulfill or has ceased to fulfill the conditions of entry, stay or residence in the territory of the Requesting Party, if, in accordance with this Agreement, it is established that this person is a citizen of the Requested Party. This provision also applies to persons who, after entering the territory of the Requesting Party, have been deprived of or renounced the citizenship of the Requested Party and have not acquired the citizenship of the Requesting Party or a third State.

2. Simultaneously with the readmission of the persons referred to in paragraph 1 of this Article, the Requesting Party shall carry out the readmission of their:

1) minor, unmarried 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 Party;

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 Party and do not have an independent right to stay or reside in the territory of the Requesting Party.

3. The requested Party, regardless of the will of the person subject to readmission, shall, if necessary, issue a travel document necessary for the return of this person, the validity period of which is at least 30 (thirty) calendar days. The travel document is issued free of charge within three (3) calendar days after receiving a positive response to the application for redmission. If, for legal or factual reasons, the person to be readmitted cannot be transferred during the validity period of the issued travel document, the competent authority of the Requested Party, 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) has illegally entered the territory of the Requesting Party from the territory of the Requested Party, or

2) had a valid residence or residence permit issued by the Requested Party at the time of entry; or

3) had a valid visa issued by the Requested Party 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 Party or has a transit visa; or

2) The requesting Party 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:

- the person has a visa or residence permit issued by the Requested Party and has a longer validity period; or

- the visa or residence permit issued by the Requesting Party was obtained using forged documents.

3. The Requesting Party, if necessary, shall, within three (3) calendar days after receiving a positive response to the readmission request, issue to the person subject to readmission a travel document recognized by the Requested Party, valid for at least 30 (thirty) calendar days.

Article 4

Erroneous readmission

The requesting Party shall take back the person returned by the Requested Party if, within three (3) months after the transfer of the person to it, it is established that the requirements contained in Articles 2 and 3 of this Agreement have not been met, or it is confirmed 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 Party, together with the returned person, shall transmit all available information on the identity and nationality of the person to be transferred to the Requesting Party.

Article 5

Request 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 Party shall send a readmission request to the competent authority of the Requested Party by mail or by means of technical means of communication, such as e-mail or fax.

2. The sample of the readmission application is defined in Appendix 1 of this Agreement.

3. The readmission application contains the following information:

1) all available information about the person to be readmitted (first name, last name, date of birth, gender, and, if possible, place of birth and last place of residence), detailed information about his minor, unmarried children and (or) spouses, as well as a color photograph of the person to be readmitted;

2) the existence of evidence of the person's nationality of the Requested Party; or

3) on the availability of evidence for the readmission of a citizen of a third country or a stateless person.

4. The readmission application shall be accompanied by available copies of documents, 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.

5. In cases where it is necessary, the readmission application must also contain the following information:

1) a statement indicating that the person to be readmitted needs medical care or special care, provided that this person has consented to such a statement;

2) information about any other protection or security measures that may be necessary in case of transfer;

3) a request for an interview to determine the nationality of the person to be readmitted.

6. An application for readmission is not required if the person to be readmitted has one of the valid documents specified in Annex 2 to this Agreement, and if this person is a citizen of a third country or a stateless person, a valid visa or residence permit issued by the Requested Party.

7. The Parties, no later than 14 (fourteen) calendar days from the date of entry into force of the Agreement, will exchange through diplomatic channels samples of documents proving citizenship of the Republic of Kazakhstan or the Republic of Poland, as well as a sample of the travel document specified in paragraph 3 of Article 3 of the Agreement.

In case of changes to the documents specified in this paragraph, the Parties shall immediately inform about it and send each other the modified or new samples of documents.

8. The response to the readmission request is sent by e-mail or fax.

Article 6

Accelerated readmission

1. If a person has been detained on the territory of the Requesting Party's airport after illegally crossing the border and arriving directly from the territory of the Requested Party, the Requesting Party may apply for readmission within two (2) calendar days from the date of his detention.

2. The readmission request contains the proposed date of transfer of the person.

3. The competent authority of the Requested Party, if it agrees to accept a person, in response confirms acceptance of the conditions referred to in paragraph 2 of this Article, or suggests other conditions. Changes to the terms can be agreed upon by phone.

4. The response to the readmission request is sent by e-mail or fax, and may additionally be sent by telephone.

Article 7

Proof of citizenship

1. A person's nationality of the Requested Party may be:

1) confirmed on the basis of at least one of the documents specified in Appendix 2 to this Agreement, even if such document has expired.

If such documents are submitted, the Requested Party recognizes the nationality of the person without further verification.

2) assumed on the basis of at least one of the documents specified in Annex 3 to this Agreement, even if such document has expired.

If such documents are submitted, the Requested Party considers the nationality of the person to be established, unless it can prove otherwise.

2. The family ties of the transferred citizen of the Requested Party with the persons subject to readmission specified in paragraph 2 of Article 2 of this Agreement and their right to enter the territory of the Requested Party may be proved by submitting the documents specified in Annex 4 to this Agreement.

3. Nationality of the States of the Parties cannot be confirmed on the basis of forged evidence or documents.

Article 8

Evidence against third-country nationals or stateless persons

1. The illegal entry of third-country nationals and stateless persons from the territory of the Requested Party into the territory of the Requesting Party may be proved by presenting:

1) any of the documents specified in Part A of Annex 5 to this Agreement.

If such documents are submitted, the Requested Party will acknowledge the fact of illegal entry from its territory into the territory of the Requesting Party without further verification.

2) any of the documents specified in Part B of Annex 5 to this Agreement.

If such documents are provided, the Requested Party shall conduct an investigation and recognize the fact of illegal entry from its territory into the territory of the Requesting Party, unless proven otherwise.

2. Illegality of entry into the territory of the Requesting Party 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 permit to stay or reside in the territory of the Requesting Party. A reasoned statement by the Requesting Party that the person concerned does not have the necessary travel documents, visa, or residence or residence permit also serves as proof of the illegal entry, stay, or residence of that person.

3. The legal stay or residence of third-country nationals and stateless persons in the territory of the Requested Party, the presence of a residence permit or a visa of the Requested Party in accordance with paragraphs 2) and 3) paragraph 1 of Article 3 of this Agreement may be proved by submitting:

1) any of the documents specified in Part A of Annex 6 to this Agreement.

If such documents are submitted, the Requested Party will recognize the presence or residence of such persons on its territory without further verification.

2) any of the documents specified in Part B of Annex 6 to this Agreement.

If such documents are submitted, the Requested Party shall conduct an investigation and recognize the fact of the lawful stay or residence of third-country nationals or stateless persons on its territory, unless proven otherwise.

4. Forged documents cannot serve as proof of the existence of grounds for the readmission of third-country nationals and stateless persons.

Article 9

Interview

1. If it is impossible for the competent authority of the Requested Party to submit any of the documents specified in Annexes 2 and 3 to this Agreement, the Requested Party shall conduct an interview with the person to be readmitted.

2. The interview is conducted:

- from the Kazakh side, employees of a diplomatic mission or consular institution accredited in the Republic of Poland;

- from the Polish side, representatives of a diplomatic mission or consular institution accredited in the Republic of Kazakhstan.

3. The interview is conducted at the place and under the conditions determined with the competent authority of the Requesting State, individually for each case. A representative of the competent authority of the Requesting Party is guaranteed to be present during the interview.

4. The competent authority of the Requested Party shall notify the competent authority of the Requesting Party in writing of the results of the interview as soon as possible, but no later than 7 (seven) calendar days from the date of receipt of the readmission request with the request for an interview included therein.

5. In a situation where the results of the interview did not allow confirmation that the person to be readmitted is a citizen of the Requested Party, the diplomatic mission or consular institution of the State of that Party shall notify in writing the reasons that did not allow this confirmation.

Article 10

Deadlines

1. A request for the readmission of a citizen of the Requested Party may be sent to the competent authority of the Requested Party at any time after it is established that such a citizen does not fulfill or has ceased to fulfill the conditions of entry, stay or residence in the territory of the Requesting Party.

2. An application for readmission of a citizen of a third State or a stateless person shall be sent to the competent authority of the Requested Party within a period not exceeding 9 (nine) months from the date of establishing that a citizen of a third State or a stateless person does not fulfill or has ceased to fulfill the conditions of entry, stay or residence in the territory of the Requesting Party. An obligation regarding the readmission of a third-country national or a stateless person does not arise if the request for the readmission of such a person has been sent after the expiration of the period specified in this paragraph.

3. A written response to a request for readmission shall be sent by the competent authority of the Requested Party within a period not exceeding 10 (ten) calendar days from the date of receipt of such request. 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 Party is extended to 40 (forty) calendar days.

4. A written response to a request for readmission shall be promptly sent to the competent authority of the Requesting Party within two (2) calendar days from the date of receipt of such request.

5. If the competent authority of the Requesting Party has not received a response to the request for readmission within the time limits specified in paragraphs 3 and 4 of this Article, it is considered that the response to the request for readmission is positive.

6. In case of a negative response to the readmission request, the competent authority of the Requesting Party shall be informed of its reasons in writing.

7. Upon receiving a positive response to the readmission request, the competent authority of the Requesting Party shall immediately transfer the person to be readmitted in accordance with the procedure established by paragraph 1 of Article 11 of this Agreement.

Article 11

Transfer conditions and mode of transport

1. Prior to the transfer of the person to be readmitted, the competent authorities shall, at least two (2) calendar days in advance, agree in writing on the date of transfer, the checkpoint across the state border, the conditions for possible escort and other issues related to the transfer.

2. For the transfer of a person subject to readmission, an air mode of transport is used. When transporting such a person, the choice is not limited to using the national airlines of the States of the Parties. Both regular and charter flights can be used for these purposes.

Article 12

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 Party shall permit the transit of third-country nationals or stateless persons if the possibility of further passage of such persons through the territory of all transit States to the destination State and their acceptance by that State is guaranteed.

3. At the request of the Requested Party, transit of third-country nationals or stateless persons is carried out with an escort.

4. The requested Party 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 on the basis of political beliefs;

2) if a third-country national or a stateless person may be subject to criminal prosecution or punishment in the Requested Party, in the transit State or in the destination State;

3) for reasons of public health protection, national security of the State, public order or other national interests of the Requested Party;

4) if for transit within the territory of the Requested Party it is necessary to proceed from the airport of arrival to another airport;

5) if the assistance requested by the Requesting Party is not possible for legitimate reasons.

5. The requested Party may revoke any transit permit issued if the circumstances provided for in paragraph 4 of this Article subsequently arise or become apparent that impede transit, or if the passage of a person in transit or its acceptance is no longer guaranteed by other transit States or the destination State. In this case, the Requesting Party immediately accepts back a citizen of a third country or a stateless person.

Article 13

Request for transit

1. An application for transit shall be drawn up in accordance with the form specified in Annex 7 to this Agreement.

2. The request for transit is sent no later than 5 (five) calendar days prior to the start of transit. The request for transit and the response to it are sent by fax or by e-mail.

Article 14

Transit procedure

1. An application for transit must be submitted to the competent authority of the Requested Party by mail or by means of technical means of communication, such as e-mail or fax, and contain the following information:

1) about the transit route, transit States, if any, and the destination State;

2) about the person in transit (first name, last name, maiden name, 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 the travel document), as well as a color photograph of the person;

3) about 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) on the consent of other transit States and the destination State for transit passage and acceptance of the person subject to readmission.

2. Upon receipt of the request for transit, the Requested Party shall, no later than two (2) calendar days prior to the planned transit, notify the competent authority of the Requesting Party in writing of the consent to transit, confirm the state border checkpoint and the expected time of acceptance of the person in transit, or notify of the refusal of transit and indicate the reasons such a refusal.

Article 15

Accompanied transmission

The transfer and transit of escorted persons are carried out in compliance with the following principles:

1) the competent authority of the Requesting Party shall indicate, respectively, in subparagraph (D) of the readmission application specified in Annex 1 to this Agreement or subparagraph (C) of the transit application specified in Annex 7 to this Agreement, the names and surnames of the accompanying persons, the series, numbers, date of issue and validity of their travel documents;

2) the competent authority of the Requesting Party shall immediately notify the competent authority of the Requested Party of changes in the data of the accompanying persons specified in subparagraph 1) of this Article.;

3) accompanying persons perform their duties without weapons and in civilian clothes, have with them a travel document and official documents confirming consent to the readmission or (and) transit of the accompanied person, as well as other documents regarding the accompanied person, which must be handed over to the relevant authorities of the destination state.;

4) accompanying persons are responsible for the readmitted persons and the transfer of these persons to the destination State;

5) accompanying persons are obliged to comply with the legislation of the Requested Party, the powers of accompanying persons during transfer or transit are limited to self-defense, taking into account subparagraph 7) of this Article.;

6) The requested Party guarantees accompanying persons the same level of protection and support that it provides to its persons performing the same tasks, in accordance with its legislation;

7) if it is impossible for the Requested Party to provide assistance, the accompanying persons have the right, according to the circumstances, to apply protection and impact measures in accordance with the legislation of the Requested Party in cases of threat of escape of a person subject to readmission or transit, bodily injury to themselves, attempts on accompanying persons or third parties, or damage to property;

8) Accompanying persons must have, if required, the necessary visas of the destination State or transit States.;

9) accompanying persons and persons transferred in transit are exempt from obtaining a visa from the Requested Party.

Article 16

Transportation and transit expenses

Without prejudice to the rights of the competent authorities to reimburse the costs of the person's readmission at the expense of the readmitted persons themselves or third parties and within the means provided for by the national legislation of the States of the Parties:

1) transportation costs related to readmission and transit in accordance with this Agreement to the border crossing point of the final destination State, as well as transportation and other costs of the Requested Party related to the return of persons referred to in Article 4 of this Agreement, shall be borne by the Requesting Party in a currency acceptable to both Parties for 60 days (sixty) calendar days from the date of submission of the relevant financial document confirming the costs;

2) the competent authority of the Requested Party shall transmit, together with the document referred to in paragraph 1 of this Article, information about the bank account and other information necessary for the report.

Article 17

Personal data protection

1. The transfer and processing of personal data is carried out only if it is necessary for the implementation of this Agreement by the competent authorities, in compliance with the following principles:

1) personal data is processed in accordance with the applicable laws of the States of the Parties;

2) the collection of personal data and their subsequent processing must be carried out for a specific, legitimate purpose related to the implementation of this Agreement.;

3) the personal data transmitted must be accurate, up-to-date and may relate exclusively to:

- information about the person to be readmitted (first name, last name, previous surnames, other names used by the person or the names by which he is known, pseudonyms, date and place of birth, gender, marital status, place of residence, present and any previous citizenship);

- identification documents (number, validity period, date of issue, issuing authority, place of issue);

- places of stay and routes of movement of the person;

- other information and other documents necessary to identify the person to be readmitted, 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 stored in a form that allows identification of the relevant person, and no longer than is required for the purpose of their processing.;

5) the competent authorities transmitting and receiving personal data shall take all measures to correct, destroy or suspend the processing of 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 being collected. The competent authorities shall notify each other of any corrections, destruction or suspension of the processing of the specified data.;

6) 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.;

7) personal data may be transferred only to the competent authorities, their subsequent transfer to other authorities requires the prior consent of the competent authority transmitting the personal data.;

8) 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.;

9) The Parties shall take all necessary organizational measures and ensure the mandatory use of technical means to effectively protect the processed personal data from being presented to incompetent persons, making any changes to the received data, their accidental loss, accidental or unlawful damage, or destruction.

2. When transferring personal data, the retention periods established by the legislation of the State of the Party to which the personal data is transferred are indicated, after which these data are subject to destruction. Regardless of these deadlines, the transferred 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 personal data received.

Article 18

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.

Article 19

Competent authorities and checkpoints across the state border

1. Competent authorities for the implementation of this Agreement, including for direct interaction:

for the Republic of Kazakhstan:

Ministry of Internal Affairs of the Republic of Kazakhstan

for the Republic of Poland:

Chief Commandant of the Border Guard

2. The competent authorities shall inform each other of their contact details no later than 30 (thirty) days from the date of entry into force of this Agreement.

3. The following checkpoints across the state border are used to implement this Agreement:

for the Republic of Kazakhstan:

– Astana International Airport;

– Almaty International Airport.

for the Republic of Poland:

- F. Chopin Warsaw–Okentse International Airport;

- International Airport named after Joanna Paul II Krakow – Balice.

4. By mutual agreement of the competent authorities, the transfer or transit of persons is carried out through other border crossing points.

5. The Parties shall inform each other through diplomatic channels about changes in their competent authorities or their names or functions, changes or additions to the list of checkpoints across the State Border no later than within 14 (fourteen) calendar days from the date of the change in these data.

6. Correspondence between the competent authorities is carried out in Russian until the competent authorities decide otherwise.

Article 20

Expert meetings and consultations and information exchange

1. In order to exchange experience on the implementation of this Agreement and/or consider proposals for amendments and additions to it, either Party or the competent authorities may organize meetings or consultations of experts.

2. In case of changes to the documents specified in this Agreement, the competent authorities shall immediately inform about it and send each other the modified or new samples of documents.

Article 21

Amendments and additions to the Agreement

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 24 of this Agreement.

Article 22

Dispute resolution

Any differences that may arise in connection with the interpretation or application of the provisions of this Agreement will be resolved by the competent authorities through negotiations and mutual consultations.

Article 23

Applications

Appendices 1-7 to this Agreement are integral parts of this Agreement.

. Article 24

Final provisions

1. This Agreement shall be concluded for an indefinite period and shall enter into force upon the expiration of 30 (thirty) 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. 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 or public health and other national interests of their States, by written notification through diplomatic channels of the other Party. In this case, the suspension occurs after 30 (thirty) calendar days from the date of receipt of such notification. The Parties shall mutually notify each other through diplomatic channels of the restoration of this Agreement.

3. Each Party may terminate this Agreement by notifying the other Party in writing through diplomatic channels. In this case, this Agreement shall terminate upon the expiration of 60 (sixty) calendar days from the date of receipt of such notification.

Done in Warsaw on August 22, 2016, in two copies, each in the Kazakh, Polish and Russian languages, all texts being equally authentic.

In case of disagreement in the interpretation of the provisions of this Agreement, the text in Russian is considered decisive.

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Poland

Appendix 1

______________ (place and date)

[Coat of arms of the state]

_______________________________________________________________ (name of the competent authority of the Requesting Party)

Number _________ - Expedited procedure (art....) - Request for an interview (art....)

To whom: _________________________________________________________ (name of the competent authority of the Requested Party)

APPLICATION 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 Poland on the Readmission of Persons

Photo

But. Personal data

1. First and last name (last name in block letters, including in the native language): ___________________________________________________________________________ 2. Maiden name: _________________________________________________________ 3. Date and place of birth: ____________________________________________________ 4. The address of the place of residence or the place of permanent residence or residence permit: __________________________________________________________________________ 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. Previous last name or pseudonyms: __________________________________________________________________________ 9. The last address in the territory of the Requested Party: __________________________________________________________________________ __________________________________________________________________________ 10. Residential address of relatives or acquaintances: ____________________________

B. Personal data of the spouse (if any)

1. First and last name (last name in block letters, including in native language): ________________________________________________________________________ ________________________________________________________________________ 2. Maiden name: ______________________________________________________ 3. Date and place of birth: ________________________________________________________________________ ________________________________________________________________________ 4. Gender and description of appearance (height, eye color, special signs, etc. D.): ________________________________________________________________________ 5. Previous last name or pseudonyms: ________________________________________________________________________ ________________________________________________________________________ 6. Citizenship and language: ____________________________________________________ ________________________________________________________________________

C. Personal data of children (if any)

1. First and last names (last name in block letters, including in the native language): _______________________________________________________________________ _______________________________________________________________________ 2. Date and place of birth: _______________________________________________________________________ _______________________________________________________________________ 3. Gender and description of appearance (height, eye color, special signs, etc.): _______________________________________________________________________ 4. Citizenship and language: _______________________________________________________________________ _______________________________________________________________________

D. Special circumstances related to the transferred person

1. State of health (indications of the need for special medical care): _______________________________________________________________________ _______________________________________________________________________ 2. A note of danger from the person being transferred (information about the commission of a serious offense, aggressive behavior): ______________________________________________________________________ ______________________________________________________________________

E. Remarks

______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

F. Appendices to the petition

First and last name, position of the representative of the competent authority of the Requesting Party _______________________ signature

M.P.

Appendix 2

List of documents confirming the citizenship of the States of the Parties

For the Republic of Kazakhstan:

1. Passport of a citizen of the Republic of Kazakhstan.

2. The identity card of a citizen of the Republic of Kazakhstan.

3. The diplomatic passport of the Republic of Kazakhstan.

4. Official passport of the Republic of Kazakhstan.

5. Seaman's identity card.

6. Certificate of return.

7. Birth certificate of the child (if there is an entry in the passport of one of the parents).

For the Republic of Poland:

1. Any passports issued by the authorities of the Republic of Poland.

2. Identification card.

3. The sailor's book.

4. An administrative decision confirming the citizenship of the Republic of Poland.

Appendix 3

A list of documents and other information suggesting the nationality of the States of the Parties

1. Copies of the documents listed in Appendix 2 to this Agreement.

2. Driver's license or copies thereof.

3. Birth certificate or its copies.

4. Official identification card or its copies.

5. Military ID card or its copies.

6. Any other documents that may help establish the nationality of the person concerned.

7. Identity verification as a result of a search in the visa information system.

8. Confirmation of identity based on fingerprint examination.

9. The application submitted by the person subject to readmission.

Appendix 4

List of documents confirming a family connection

1. The child's birth certificate.

2. The marriage certificate.

Appendix 5

List of documents proving the illegal entry of third-country nationals and stateless persons from the territory of the Requested Party to the territory of the Requesting Party

Part A

1. Official documents issued by a Party to foreigners during their stay in the territory of the State of the Party.

2. Official statements made by authorized representatives of the border services who are able to attest the fact of crossing the State Border by the relevant person upon entry from the territory of the Requested Party directly into the territory of the Requesting Party.

3. Personalized flight tickets and passenger lists that confirm entry from the territory of the Requested Party to the territory of the Requesting Party.

4. Documentation in the form of photographs, images and audio confirming entry into the territory of the Requesting Party from the territory of the Requested Party.

Part B

1. Official statements made, in particular, by representatives of the border services of the Requesting Party and other witnesses capable of confirming the fact of crossing the State Border by the relevant person.

2. Any evidence that clearly confirms that the person concerned was in the territory of the Requested Party.

3. An official statement made by the person subject to readmission.

Appendix 6

List of documents proving the legal stay or residence of third-country nationals and stateless persons in the territory of the Requested Party

Part A

A visa or residence permit issued by the Requested Party.

2. Stamps of the border control in the travel document of the person subject to readmission.

Part B

1. Copies of any document listed in Part A of this annex.

2. Other evidence confirming the entry, stay or residence of the person subject to readmission in the territory of the Requested Party.

Appendix 7

______________ (place and date)

[Coat of arms of the State] ________________________________________________________________________ ( name of the competent authority of the Requesting Party)

Number _________

To whom: _____________________________________________________________ (name of the competent authority of the Requested Party)

REQUEST FOR TRANSIT in accordance with article 13 of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Poland on the Readmission of Persons

Photo

A. Personal data

1. First and last name (last name in block letters, including in native language): ____________________________________________________________________

2. Maiden name: __________________________________________________

3. Date and place of birth: _____________________________________________

4. Citizenship and language: ________________________________________________ ____________________________________________________________________

5. Gender and description of appearance (height, eye color, special signs, etc.): ____________________________________________________________________

6. Previous last name or pseudonyms: ____________________________________________________________________ ____________________________________________________________________ 7. Type and number of the travel document and the validity period:

B. Transit operation

1. Transit by air:

2. State of destination: ____________________________________________________________________ ____________________________________________________________________

3. Other possible transit States: ____________________________________________________________________ ____________________________________________________________________

4. Planned place of border crossing, flight number, date, time of transfer: ____________________________________________________________________ ____________________________________________________________________

5. Information about accompanying persons: ____________________________________________________________________ ____________________________________________________________________

6. Information on the need for transit support:

yes (short description of the situation)

7. Information on transit permits received in other transit States and acceptance by the destination State (short description of the situation): ____________________________________________________________________ ____________________________________________________________________

C. Remarks

2. Other: ____________________________________________________________________ ____________________________________________________________________

First and last name, position of the representative of the competent authority of the Requesting Party _______________________ signature

M.P.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases