On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on Cooperation in Combating Illegal Migration

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on Cooperation in Combating Illegal Migration

The Law of the Republic of Kazakhstan dated March 26, 2020 No. 306-VI SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on cooperation in Combating Illegal Migration, signed in Tashkent on April 15, 2019.

President of the Republic of Kazakhstan

K. TOKAEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on cooperation in combating Illegal Migration

(Entered into force on May 22, 2020, Bulletin of International Treaties of the Republic of Kazakhstan 2020, No. 3, Article 13)

The Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan, hereinafter referred to as the Parties,

Guided by the provisions of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Illegal Migration dated March 6, 1998, the Agreement on the Exchange of Information in the Field of Combating Crime dated May 22, 2009 and the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Uzbekistan on Cooperation in Combating Crime dated October 30, 1998,

Bearing in mind the provisions of the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime of November 15, 2000,

Realizing that illegal migration poses a serious threat to national security, economic stability and contributes to the complication of the criminal situation in the territories of the States of the Parties,

Considering cooperation in combating illegal migration as one of the most important areas of regulation of migration processes in the territories of the States of the Parties,

Expressing their intentions to implement joint measures to counter illegal migration,

based on the generally recognized principles and norms of international law and the legislation of the States of the Parties,

Striving to create a legal framework for bilateral cooperation between the Parties in combating illegal migration,

have agreed on the following:

Article 1

Within the framework of this Agreement, the Parties shall cooperate in combating illegal migration in accordance with the legislation and international obligations of their States.

Article 2

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

1) exchange of statistical, scientific, methodological and other information of mutual interest, including on:

the identified channels of illegal migration;

legal entities and individuals operating in the territories of the States of the Parties involved in the organization and implementation of illegal migration;

departure and destination points, routes, carriers and vehicles used in the organization and implementation of illegal migration;

methods of obtaining entry visas and other documents and their use for illegal migration purposes;

the procedure for granting citizenship and organizing the fight against illegal migration;

practices and measures aimed at preventing illegal migration;

methods of regulating external migration;

invalid or issued in violation of the established procedure documents certifying the identity of citizens of the States of the Parties;

persons who have acquired the citizenship of the States of the Parties, as well as persons belonging to the citizenship of the States of the Parties;

the legislation of the States of the Parties in the field of migration, including the regulation of migration processes, the organization of the fight against illegal migration, as well as changes in these areas of legislation of the States of the Parties;

international agreements on migration issues concluded with third countries;

citizens of the States of the Parties engaged in labor activity in the territory of the State of the other Party;

samples of identity documents and the right to cross the state border, changes in their forms, as well as requirements for documents for entry, stay and exit from the territories of the States of the Parties;

the existence and grounds for restrictions on entry into (or exit from) the territory of the States of the Parties, as well as persons being expelled from the territory of the States of the Parties;

2) confirmation of the issuance of passports of the former USSR of the 1974 model in the presence of written applications from citizens of the states of the Parties for consent to the cross-border transfer of their personal data, attached to requests, certified by an official and stamped by the authorized body.

3) identification and registration of persons illegally crossing the borders of the States of the Parties and illegally staying in their territories;

4) sending directly to the diplomatic mission and/or consular institution of the state of the Party the identity documents of the citizens of the state of one Party, found or seized in connection with the death on the territory of the state of the other Party;

5) submission of information on migration registration or registration at the place of stay (place of residence) of third-country nationals, stateless persons and citizens of the States of the Parties;

6) the return of identity documents directly to the diplomatic mission and/or consular institution of the State of the Party of the terminated citizenship, together with a notification of the fact of registration of the acquisition of citizenship in the territory of the state of the other Party, indicating its date.

2. This Agreement does not prevent the Parties from identifying and developing other mutually acceptable areas of cooperation, subject to the conditions set out in Article 1 of this Agreement.

Article 3

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

1) exchange of information specified in Article 2 of this Agreement;

2) exchange of experience on the prevention and suppression of illegal migration;

3) training and advanced training of staff of the competent authorities of the States of the Parties dealing with migration issues, including the organization of seminars and internships in this field;

4) carrying out scientific research in the field of combating illegal migration;

5) organization of joint operational and preventive measures to combat illegal migration in the territory of the States of the Parties

Article 4

1. Cooperation under this Agreement is carried out on the basis of requests from the interested Party for assistance (hereinafter referred to as the request). Each Party may also send the other Party the information it has on migration issues without a request, if there is reason to believe that such information is of interest to the other Party.

2. The request shall be sent in writing in Russian, including using technical means of text transmission.

If there is doubt about the authenticity or content of the request, additional confirmation may be requested.

3. The request must contain:

name of the requesting and requested authority;

statement of the nature of the request, its purpose and justification;

any other information that can be used for the proper execution of the request.

4. The request shall be drawn up on an official departmental letterhead and signed by an authorized official of the competent authority of the requesting Party's States.

The Parties shall exchange lists of officials of the competent authorities of the States of the Parties authorized to sign requests, as well as samples of departmental forms within 45 (forty-five) days after signing this Agreement.

5. In the event of a change in the lists of officials authorized to sign requests or forms specified in paragraph 4 of this Article, the Parties shall immediately notify each other of this.

Article 5

1. The requested Party shall take all necessary measures to ensure the prompt and complete execution of the request within 30 (thirty) calendar days.

The requested Party shall immediately notify the requesting Party of the circumstances preventing the execution of the request or significantly delaying its execution.

2. The requested Party has the right to request additional information necessary, in its opinion, for the proper execution of the request.

3. The execution of the request is carried out in accordance with the legislation of the requested Party's State.

4. If the requested Party considers that the execution of the request may interfere with criminal prosecution or proceedings related to a criminal case in its State, it may postpone the execution of the request or bind its execution to conditions deemed necessary after consultation with the requesting Party. If the requesting Party agrees to the execution of the request under such conditions, it must comply with them.

5. The requested Party shall immediately inform the requesting Party of the results of the execution of the request.

Article 6

1. The execution of a request may be refused in whole or in part if the requested Party believes that the execution of the request may harm sovereignty, security, public order, lead to a violation of human rights and freedoms, or contradict the legislation or international obligations of its State.

2. The requesting Party shall be notified in writing of the complete or partial refusal to execute the request, indicating the reasons for the refusal.

Article 7

The competent authorities for the implementation of this Agreement are:

from the Kazakh Side - the Ministry of Internal Affairs of the Republic of Kazakhstan;

On the Uzbek Side are the Ministry of Internal Affairs of the Republic of Uzbekistan, the Ministry of Employment and Labor Relations of the Republic of Uzbekistan and the State Security Service of the Republic of Uzbekistan.

In the event of a change in the names or functions of the competent authorities, the Parties shall immediately notify each other through diplomatic channels.

The Parties also cooperate within the framework of international and regional organizations to which the States of the Parties are parties.

Article 8

1. The requested Party, at the request of the requesting Party, shall take the necessary measures to ensure the confidentiality of the fact of receipt of the request, its contents and accompanying documents, as well as the fact of assistance provided under this Agreement.

If it is impossible to execute the request while maintaining confidentiality, the requested Party informs the requesting Party about it, which decides whether to execute the request under such conditions.

2. The results of the execution of requests without the consent of the submitting Party may not be used for purposes other than those for which they were requested and submitted.

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

4. The Parties shall ensure the protection of information about an individual, which is exchanged in the framework of sending and executing requests based on this Agreement, in accordance with the laws of the States of the Parties and international treaties to which their States are parties. The Parties also ensure the protection of information about an individual from accidental loss, unauthorized access, modification or dissemination.

5. In the event of termination of this Agreement, the provisions of this Article concerning the taking of necessary measures to ensure the confidentiality of the fact of receipt of the request, its contents and accompanying documents, as well as the fact of assistance, shall continue to apply to the Parties.

Article 9

1. The Parties, by mutual agreement, shall hold consultations in order to coordinate and enhance the effectiveness of cooperation in the field of migration on the basis of this Agreement.

2. The Parties may establish joint working groups and hold expert meetings in order to ensure more effective implementation of the provisions of this Agreement.

Article 10

The Parties shall independently bear the costs that arise during the implementation of this Agreement, in accordance with the laws of the States of the Parties, unless a different procedure is agreed in each specific case.

Article 11

The provisions of this Agreement do not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties.

Article 12

The Parties shall use the Russian language when carrying out cooperation under this Agreement.

Article 13

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

Article 14

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are its integral parts and are formalized by separate protocols that enter into force in accordance with the procedure provided for in paragraph 1 of Article 15 of this Agreement.

Article 15

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 terminate this Agreement by sending a written notification to the other Party through diplomatic channels of its intention to terminate it.

In this case, this Agreement shall terminate upon the expiration of 90 (ninety) calendar days from the date of receipt of such notification.

Done in Tashkent on April 15, 2019, in two copies, each in the Kazakh, Uzbek and Russian languages, all texts being equally authentic. In case of discrepancies between the texts of this Agreement, the text in Russian shall prevail.

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Uzbekistan

President

Republic of Kazakhstan

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