On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on the Readmission of Persons Staying without a permit

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on the Readmission of Persons Staying without a permit

Law of the Republic of Kazakhstan dated November 14, 2014 No. 251-V 3PK

To ratify Agreement between the Government of the Republic of Kazakhstan and the Swiss Federal Council on the readmission of persons staying without a permit, signed in Bern on March 4, 2010.

President of the Republic of Kazakhstan N. NAZARBAYEV

Entered into force on February 1, 2015 - Bulletin of International Treaties of the Republic of Kazakhstan 2015, No. 1, Article 9)

AGREEMENT between the Government of the Republic of Kazakhstan and the Swiss Federal Council on the readmission of persons staying without a permit

The Government of the Republic of Kazakhstan and the Swiss Federal Council, hereinafter referred to as the "Parties", intending to strengthen cooperation in order to more effectively combat illegal migration, desiring to establish, through this Agreement and on the basis of reciprocity, prompt and effective procedures for the identification and return of people who have not fulfilled or no longer fulfill the conditions for entry, stay or residence in the territory of the Republic of Kazakhstan and the Swiss Confederation, and to facilitate the transit of such persons in a spirit of cooperation, emphasizing, that this Agreement does not affect the rights and obligations of the Republic of Kazakhstan and the Swiss Confederation arising from international acts, including international human rights acts, have agreed as follows:

Article 1 Definitions

For the purposes of this Agreement: 1) "Readmission" in accordance with the provisions of this Agreement means the return by the competent authority of the requesting Party and the acceptance by the competent authority of the requested Party of persons (nationals of the State of the requested Party, third-country nationals or stateless persons) who illegally entered, stay or reside in the territory of the requesting Party. (2) "Requesting Party" means the Party submitting a readmission application in accordance with Chapter II or a transit application in accordance with Chapter III of this Agreement. (3) "Requested Party" means the Party to which a readmission application has been sent in accordance with Chapter II or a transit application in accordance with Chapter III of this Agreement. (4) "Third-country nationals" means a person who has the nationality of any State other than the nationality of the States of the Parties. 5) "Stateless persons" means a person who does not have the nationality of the States of the Parties and does not have proof of the nationality of any other State. 6) "Residence permit" means an official permit of any kind issued by the Parties for residence in the territory of the Republic of Kazakhstan or the Swiss Confederation. This does not apply to temporary residence permits in the territory of the aforementioned States issued in connection with the processing of asylum applications or applications for residence permits. 7) "Visa" means a permit or a decision made by the Parties required for entry or transit through the territory of the Republic of Kazakhstan or the Swiss Confederation. This does not apply to a certain category of transit visas through the airport. 8) "Competent authorities" means the State authorities of the Parties responsible for the implementation of this Agreement. 9) "Border crossing point" means any crossing point designated by the Parties to cross their State borders listed in Article 12 of the Working Protocol. 10) "Transit" means the passage of third-country nationals or stateless persons through the territory of the State of the requested Party when passing from the State of the requesting Party to the country of destination. (11) "Direct entry" means the entry of any person arriving by air into the territory of the State of the requesting Party who has not entered a third country in the interim. Transit waiting in the air zone will not be considered as entry.

Chapter I Obligations of the Parties on readmission

Article 2 Readmission of own citizens

1. The requested Party will accept, on the basis of an application from the requesting Party and in accordance with the procedure provided for in this Agreement, any person who has not fulfilled or no longer fulfills the conditions for entry, stay or residence in the territory of the requesting Party's State, and who is, as defined in Article 6 of this Agreement, a national of the requested Party's State. This provision also applies to illegally staying or residing persons who possessed the nationality of the State of the requested Party at the time of entry into the State of the requesting Party, but subsequently renounced the nationality of the State of the requested Party in accordance with the national legislation of the latter, and did not acquire citizenship or residence permit in the State of the requesting Party or any other State. 2. The requested Party will also accept: - the minor, unmarried children of the persons referred to in paragraph 1, regardless of their place of birth or their nationality, if they do not have independent residence permits in the State of the requesting Party. - a spouse who has a different nationality from the persons referred to in paragraph 1 of this Article, if they have the right to enter and reside or may obtain the right to enter and reside in the territory of the State of the requested Party, except if they have an independent right to reside in the State of the requesting Party. 3. After the requested Party gives a positive response to the readmission application, the competent diplomatic mission or consular institution of the requested Party, regardless of the person's desire for readmission, immediately and no later than within three working days, issues a travel document valid for six months, necessary for the return of the person to be readmitted. If, for any reason, the person concerned cannot be returned during the period of validity of this travel document, the competent diplomatic mission or consular institution of the requested Party shall issue a new travel document with a similar validity period within 14 calendar days.

Article 3 Readmission of third-country nationals and stateless persons

1. The requested Party will accept, on the basis of an application from the requesting Party and in accordance with the procedure provided for in this Agreement, any third-country nationals who have not fulfilled or no longer fulfill the conditions for entry, stay or residence in the territory of the requesting Party's State, provided that the requesting Party submits confirmations in accordance with Article 7 of this Agreement. Agreements that such a person: 1) has, or at the time of entry had, a valid visa or residence permit from the State of the requested Party; or 2) illegally and directly entered the territory of the State of the requesting Party after being located or transiting through the territory of the State of the requested Party; or 3) claimed asylum in the State of the requested Party at the time of departure and did not have a valid visa for any State that crossed on the way to the State of the requesting Party. 2. The readmission obligation provided for in paragraph 1 of this Article will not apply if: 1) third-country nationals or stateless persons were in transit through the international airport of the requested Party's State; or 2) the requesting Party issued a visa or residence permit to third-country nationals or stateless persons before or after entering its territory. States, except in cases where: - the person has a visa or residence permit issued by the requested Party, which has a longer validity period.; or - a visa or residence permit issued by the requesting Party was obtained through the use of forged or falsified documents or on the basis of false statements, and the person concerned was or was in transit through the territory of the requested Party; or - the person is unable to comply with any condition attached to the visa and was or was in transit through the territory of the State of the requested Party. 3. After the requested Party gives a positive response to the readmission application, the requesting Party issues a travel document recognized by the requested Party to the person to be readmitted.

Chapter II Readmission procedure

Article 4 Application for readmission

1. Subject to paragraph 2 of this article, any return of a person subject to readmission on the basis of one of the obligations contained in Articles 2 and 3 of this Agreement requires submitting an application for readmission directly to the competent authority of the requested Party. 2. Without prejudice to the provisions of articles 2 and 3 of this Agreement, a readmission application will not be required if the person to be readmitted has a valid national passport and if such person is a citizen of a third country or a stateless person has a valid visa or residence permit of the receiving State.

Article 5 Contents of the readmission application

1. To the extent possible, the readmission application must contain the following information: 1) personal data of the person to be readmitted (for example, first name, last name, date of birth, and, if possible, place of birth and last place of residence) and, if necessary, detailed data of unmarried minor children and/or spouse/spouses; 2) providing evidence of citizenship and compliance with the necessary conditions for the readmission of third-country nationals and stateless persons as set out in Article 3 of this Agreement; 3) a photograph of the person to be readmitted. 2. The general form used for the readmission application is fixed in Appendix 1 to the Working Protocol.

Article 6 Proof of citizenship

1. Proof of nationality in accordance with Article 2 of this Agreement may be provided by means of at least one of the documents listed in Article 1 of the Working Protocol, even if its validity period has expired. Upon submission of such documents, the Parties mutually recognize the nationality without further required verification. 2. The presumption of proof of citizenship in accordance with article 2 of this Agreement may be used when submitting one of the documents listed in article 2 of the Working Protocol, even if its validity period has expired. Upon submission of such documents, the Parties will consider the citizenship established, unless they prove otherwise. 3. Citizenship cannot be established by falsified documents. 4. If none of the documents listed in Articles 1 or 2 of the Working Protocol can be submitted, the diplomatic mission or consular institution of the requested Party, without undue delay upon request, will take the necessary measures, together with the competent authority of the requesting Party, to conduct an interview with the person to be readmitted in order to establish his nationality. 5. The procedure for such interviews is established by the Working Protocol as provided for in Article 17 of this Agreement.

Article 7 Confirmation of third-country nationals and stateless persons

1. Proof of the conditions for the readmission of third-country nationals and stateless persons established by Article 3 of this Agreement may be accepted upon presentation of at least one of the documents listed in Article 3 of the Working Protocol. Any such evidence is mutually recognized by the Parties without further verification required. 2. The presumption of proof of the existence of conditions for the readmission of third-country nationals and stateless persons in accordance with article 3 of this Agreement may be used when submitting at least one of the documents listed in Article 4 of the Working Protocol. With such a presumption, the Parties will assume that the conditions for readmission have been established, unless they prove otherwise. 3. Proof of the existence of conditions for the readmission of third-country nationals and stateless persons cannot be established through falsified documents. 4. The illegality of entry, stay or residence is established by means of travel documents of the person concerned, which do not contain the necessary visa or residence permit in the territory of the requesting State. A duly reasoned statement by the requesting Party stating that the person concerned does not have the necessary travel documents, visa or residence permit must likewise be accompanied by evidence sufficient in the absence of refutation of illegal entry, stay or residence.

Article 8 Return of persons unlawfully subjected to readmission

The requesting Party will immediately take back the person who was accepted by the requested Party upon readmission if it is established that the requirements set out in Articles 2 and 3 of this Agreement have not been met. The return of such a person shall be organized within one month after his or her arrival in the territory of the State of the requested Party. In this case, the competent authority of the requested Party shall transfer to the competent authorities of the requesting Party all documents concerning such a person that were transferred during the readmission process.

Article 9 Time limits

1. A readmission application must be submitted by the competent authority of the requesting Party within one year from the date on which the competent authority of the requesting Party determines that a third-country national or a stateless person has not fulfilled, or no longer fulfills, the applicable conditions for entry, stay or residence. If there are legal or factual obstacles to the timely submission of an application, at the request of the requesting Party, the time limits may be extended only until the obstacles are removed. 2. The response to the readmission application must be submitted within 15 calendar days from the confirmed date of receipt of the application. If there are legal or factual obstacles to a timely response to an application, the time limits may be extended up to six calendar days based on a duly reasoned request. 3. The reasons for refusal of the readmission request are provided in writing. 4. The person subject to readmission is returned within six months. On the basis of a duly motivated request, this period may be extended for the time of removal of legal or factual obstacles. The time limits provided for in this paragraph apply from the date of receipt of a positive response to the readmission application.

Article 10 Ways of return and methods of transportation

1. Prior to the readmission of the person, the competent authorities of the Parties will agree in writing and in advance on the date of return, border crossing points, possible escort and other information regarding the return of the person. 2. To the extent possible and necessary, the written agreements referred to in paragraph 1 of this article should also contain the following information: 1) an indication that the person to be readmitted may need help or care if it is in the interests of that person.; 2) an indication of the possible need to apply any other protective measures for security in individual cases of return of persons. 3. Transportation can be carried out by air or by land. Return by air should not be limited to the use of national air carriers of the States of the Parties and can be carried out through scheduled flights or charter flights.

Chapter III Transit operations

Article 11 General principles

1. The Parties will restrict the transit of third-country nationals or stateless persons, except in cases where the return of these persons to the destination State cannot be carried out directly. 2. The Republic of Kazakhstan will allow the transit of third-country nationals or stateless persons if the Swiss Confederation sends such a request, and the Swiss Confederation will allow the transit of third-country nationals or stateless persons if the Republic of Kazakhstan sends such a request, having made sure in advance that the transit through other transit States and the acceptance by the destination State of this person are confirmed. 3. The Parties may refuse transit: 1) if there is a risk that a citizen of a third country or a stateless person in the destination State or another transit State may be subjected to violence or cruel or degrading treatment, punishment, death penalty or persecution on the basis of their race, religion, nationality, membership in certain social groups or political parties. beliefs; or 2) if a citizen of a third State or a stateless person in the State of the requested Party, in another transit State or in the destination State is subject to criminal prosecution or punishment; or 3) on the grounds of preserving public health, internal security, public order or other national interests of the State of the requested Party. 4. If the circumstances referred to in paragraph 3 of this article subsequently arise or are discovered and create obstacles to transit, or if passage through possible transit States or readmission by the destination State is not secured, the Parties may revoke any previously issued permit. In this case, the requesting Party will accept back third-country nationals or stateless persons as needed and without delay.

Article 12 Transit procedure

1. An application for transit operations shall be submitted by the competent authority in writing and shall contain the following information: 1) type of transit (by air or land), possible other transit States and the planned final destination; 2) personal data of the person concerned (for example: first name, last name, date of birth and, where possible, place of birth, nationality, type and number of travel document); 3) designated border crossing points, date and time of transit, and possible escort. 2. The general form used for transit applications is fixed in Appendix 2 to the Working Protocol. 3. The requested Party, within three calendar days in writing, shall inform the competent authority of the requesting Party of its consent to transit and confirm the border crossing point and the planned transit time, or inform about the refusal of transit and its reasons in writing. 4. If the transit is carried out by air, then, within the limits of the international obligations of the requested State, the person being returned and possible accompanying persons are exempt from a transit visa through the airport. 5. The competent authorities of the requested Party, in mutual consultation, will support transit operations, in particular through the surveillance of the persons in question and the provision of suitable conditions for this purpose.

Chapter IV Costs

Article 13 Costs related to readmission and transit

Without prejudice to the rights of the competent authorities to reimburse the costs of readmission from the person subject to readmission or from third parties and within the limits of the funds provided for by the national legislation of the States of the Parties: 1) all costs related to the readmission of persons, including crossing the border points of the requested Party's State, shall be borne by the requesting Party; 2) all costs related to transit, including crossing the border points of the State of the requested Party, as well as costs related to the return of persons referred to in Article 8 of this Agreement, shall be borne by the requesting Party; 3) costs related to the establishment of the nationality of the person and the fact of arrival, shall be borne by the requesting Party.

Chapter V Data protection

Article 14 Data protection

1. The transfer of personal data is carried out only if such transfer is necessary for the implementation of this Agreement by the competent authorities of the Parties. When transferring, processing or reviewing personal data in individual cases, the competent authorities of the Republic of Kazakhstan comply with the national legislation of the Republic of Kazakhstan and the competent authorities of the Swiss Confederation comply with the national legislation of the Swiss Confederation. Additionally, the following principles apply: 1) The competent authority of the receiving Party uses the data only for the purposes specified in this Agreement and under conditions established by the competent authority of the transmitting Party; 2) Upon request, the competent authority of the receiving Party informs the competent authority of the transmitting Party about the intended use of the data; 3) Personal data may be transferred and used by the competent the body responsible for the implementation of this Agreement. The competent authority of the transferring Party is obliged to give its written consent before the data can be further transferred to other authorities; 4) The competent authority of the transferring Party ensures the reliability, necessity of the data and that they do not exceed the requirements of the purposes for which they are transferred. The competent authority of the transmitting Party shall comply with any restrictions in accordance with the domestic legislation on data transmission. If the data is unreliable or unlawfully transmitted, the competent authorities of the receiving Party will be notified immediately and must correct or destroy such data; 5) Upon request, persons can familiarize themselves with any data transmitted about them, as well as with the intended purposes in accordance with the national legislation of the State of the requested Party; 6) Transferred personal data they are stored for as long as they are required for the purposes for which they were transferred. Each Party will entrust the relevant competent authority with control over the processing and use of the stored data; 7) The competent authorities of the Parties will ensure the security of the transferred personal data from unauthorized access, modification or disclosure, as well as from the recording, transmission and receipt of personal data in writing. 2. Personal data transferred regarding the readmission of persons may relate only to the following: 1) detailed data of the person to be returned and, if necessary, his family members (first name, last name, any previous names, nicknames or pseudonyms, fictitious names, date and place of birth, gender, present and any previous citizenship); 2) identity card, passport, other identification and travel documents and entry permit (number, validity period, date of issue, issued by whom, place of issue, etc.); 3) other details such as fingerprints and photographs necessary for identification of the returned person or for verification; 4) stops on the way and routes.

Chapter VI Execution and application

Article 15 Relation to other international obligations

1. This Agreement does not affect the rights and obligations of the States of the Parties arising from international treaties to which they are parties, in particular: 1) The Universal Declaration of Human Rights of December 10, 1948; 2) International Covenant on Civil and Political Rights of December 16, 1966; 3) The Convention relating to the Status of Refugees of 28 July 1951 and the Protocol relating to the Status of Refugees of 31 January 1967; 4) The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984, and Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 18, 2002; 5) international treaties on extradition and transit. 2. This Agreement should not prevent the return of persons under other official measures (especially extradition).

Article 16 Expert meetings

If necessary, at the request of one of the Parties, the Parties will hold expert meetings on the application of this Agreement.

Article 17 Working protocol

The Ministry of Internal Affairs of the Republic of Kazakhstan and the Federal Department of Justice and Police of the Swiss Confederation will conclude a Working Protocol that covers the following provisions: 1) on competent authorities, border crossing points, exchange of information regarding contact points and language of communication; 2) on the conditions of escorted returns, including transit of third-country nationals and stateless persons under escort; 3) on the interview procedure provided for in Article 6 of this Agreement.

Chapter VII Final provisions

Article 18 Entry into force, term, suspension and termination

1. This Agreement shall enter into force on the first day of the second month following receipt through diplomatic channels of the last written notification by the Parties on the completion of the internal procedures necessary for its entry into force. 2. This Agreement is concluded for an indefinite period. 3. By mutual written consent of the Parties, this Agreement may be amended at any time. Any amendments agreed by the Parties shall enter into force in accordance with the procedure provided for in paragraph 1 of this Article. 4. The Parties may suspend the operation of this Agreement in whole or in part in order to protect public order, national security or public health. The parties will notify each other of the suspension decision through diplomatic channels no later than 72 hours prior to its entry into force. The Party that suspended the operation of this Agreement shall immediately inform the other Party through diplomatic channels as soon as the reasons for the suspension are eliminated. 5. The Parties may terminate this Agreement by officially notifying the other Party through diplomatic channels. This Agreement will terminate upon the expiration of six months from the date of receipt of the relevant written notification.

Done in Bern on March 4, 2010, in two original copies, each in the Kazakh, German, Russian and English languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text.

For the Government of the Republic of Kazakhstan

For the Swiss Federal Council

RCPI's note! The following is the text of the Agreement in German and English.

President

Republic of Kazakhstan

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