On the ratification of the Agreement between the RK and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on Readmission and the Protocol on the Implementation of the Agreement between the RK and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on Readmission
The Law of the Republic of Kazakhstan dated December 2, 2015 No. 430-V SAM
To ratify the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on Readmission and the Protocol for the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on Readmission, signed in Brussels on March 2, 2015.
President
Republic of Kazakhstan
N. NAZARBAYEV
AGREEMENT between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on readmission
The Republic of Kazakhstan and the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands (acting jointly by virtue of the provisions of the Benelux Convention concluded on April 11, 1960 (hereinafter referred to as the Benelux States), hereinafter referred to as the "Parties",
Wishing to confirm its desire to effectively combat the illegal migration of its citizens, as well as citizens of third countries,
Desiring to develop cooperation between the Parties and, on the basis of reciprocity, to facilitate the reception of persons who are illegally in the territory of the Party concerned and the transit of persons subject to expulsion, in accordance with generally accepted norms of international law,
Desiring to establish obligations for the readmission of third-country nationals between the Parties in accordance with the conditions specified in this Agreement,
interested in ensuring prompt and safe readmission in accordance with procedures that guarantee respect for human rights,
Recognizing the need to respect human rights and freedoms and emphasizing that this Agreement is without prejudice to the rights and obligations of the Parties arising from the Universal Declaration of Human Rights of December 10, 1948 and other international treaties, in particular, the Convention relating to the Status of Refugees of July 28, 1951 and the Protocol relating to the Status of Refugees of January 31, 1967 Convention relating to the Status of Stateless Persons of September 28, 1954, International Covenant on Civil and Political Rights of December 16, 1966, Convention against Torture and Other Cruel, inhuman or degrading treatment or punishment of December 10, 1984,
Considering that cooperation between the Parties in the field of readmission and simplification of mutual crossing of state borders is of common interest,
have agreed on the following:
Article 1 Definitions
For the purposes of this Agreement, the following terms have the following meanings::
1) "territory":
for the Republic of Kazakhstan – the territory of the Republic of Kazakhstan;
for the Benelux States: in Europe, the united territory of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
2) "readmission" means the transfer by the competent authority of the requesting Party and the acceptance by the competent authority of the requested Party of citizens of the requested Party, third–country nationals and stateless persons who illegally entered, stay or reside in the territory of the requesting Party;
3) "own citizen" – any person who holds the citizenship of the Republic of Kazakhstan or one of the Benelux states;
4) "citizen of a third country" – any person who does not have the citizenship of the Republic of Kazakhstan or one of the Benelux states;
5) "stateless person" – a person who is not considered a citizen by any State by virtue of its law;
6) "Requesting Party" means the Party submitting a request for the readmission or transit of a person in accordance with the provisions of this Agreement.;
7) "requested Party" means the Party to which a request for the readmission or transit of a person has been sent in accordance with the provisions of this Agreement.;
8) "residence permit" is an official permit of any kind issued by one of the Parties granting a person the right to reside in the territory of the Republic of Kazakhstan or one of the Benelux States, which does not include a temporary permit to stay in the territory of the Republic of Kazakhstan or one of the Benelux States in connection with the procedure for considering an asylum application or an application for on the issue of a residence permit;
9) "transit" means the passage of a citizen of a third country or a stateless person through the territory of the State of the requested Party en route from the State of the requesting Party to the destination State.
Article 2 Readmission of own citizens
1. The requested Party, at the request of the requesting Party, 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 Party, if, in accordance with Article 5 of this Agreement, it can be proved or established that this person is a citizen of the requested Party.
2. 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 State of the requested Party, but have not yet acquired the citizenship of the requesting Party.
3. Simultaneously with the readmission of the persons referred to in paragraph 1 of this Article, the requested Party shall also 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 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 and reside or can obtain the right to enter, stay and reside in the territory of the requested Party, if they do not have an independent right to stay or reside in the territory of the requesting Party.
4. At the request of the requesting Party and in accordance with the provisions of paragraph 5 of Article 7 of this Agreement, the requested Party is obliged to issue without delay the travel documents necessary for the return trip of the person to be readmitted.
Article 3 Readmission of third-country nationals and stateless persons
1. The requested Party, at the request of the requesting Party, within the framework of this Agreement, accepts on its territory a 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 Party, if evidence is provided that such a person:
1) has a valid residence permit issued by the requested Party;
2) has a valid visa, except for a transit visa issued by the requested Party;
3) upon entry into the territory of the requesting Party, had a valid residence permit or a valid visa, except for a transit visa issued by the requested Party;
4) entered the territory of the requesting Party after crossing the territory of the requested Party or staying there.
2. The readmission obligation provided for in paragraph 1 of this article shall not apply if:
1) the requesting Party will issue a visa to a citizen of a third country or a stateless person, other than a transit visa or a residence permit, before or after entering its territory;
2) the visa or residence permit issued by the requested Party was obtained using forged or forged documents.
Article 4 Application for readmission
1. A request for readmission based on Articles 2 or 3 of this Agreement shall be sent in writing to the competent authority of the requested Party.
2. The readmission application must contain the following information:
1) personal information about the person (surname, first name, former names, nicknames and pseudonyms, fictitious names, gender, date of birth, place of birth, last place of residence in the territory of the requested Party);
2) copies of the evidence listed in Articles 5 or 6 of this Agreement.
3. The application for readmission, where necessary, must also contain the following information::
1) evidence that the person to be transferred requires special (medical or other) care or must be transported in an ambulance.;
2) notification of any other protection or security measures that may be necessary in the event of a transfer.
4. 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 Party.
5. If the person to be readmitted is located in the international area of the airport of one of the Parties, the competent authorities have the right to carry out these procedures on a simplified basis.
Article 5 Proof of citizenship in relation to own citizens
1. Proof of citizenship in accordance with Article 2 of this Agreement may be presented in the form of:
1) a valid passport or a replacement travel document with a photo (travel document);
2) a valid internal identity card;
3) a valid military ID or other identification document of the armed forces with a photo of the owner;
4) Seafarer's identity cards;
5) other official documents indicating the nationality of the person issued by the requested Party and bearing a photograph;
6) documents specified in this paragraph, expired at the time of sending the application for readmission.
Upon presentation of such documents, the Parties will recognize the nationality of the person without further formalities.
2. Prima facie evidence of citizenship (at first glance), in the absence of refuting evidence, in accordance with article 2 of this Agreement, may be presented in the following forms::
1) a copy of one of the documents listed in paragraph 1 of this article;
2) other documents or data, including biometric data, that can help establish the nationality of a person (seaman's book, driver's license, etc.);
3) documents indicating consular registration, proof of citizenship, or proof issued by the municipal birth, marriage, and death registration authority;
4) copies of the documents specified in subitems 2)-3) of this paragraph;
5) written statements by witnesses;
6) a written statement from a reliable witness;
7) the statement of the person in writing.
In the case of presentation of such documents or data, the Parties consider the nationality established, unless the requested Party refutes this fact.
3. If none of the specified documents or data listed in paragraphs 1 and 2 can be submitted, but the requesting Party believes that there are certain assumptions regarding the nationality of the person to be readmitted, the competent authorities of the requested Party are required to take the necessary measures to establish the nationality of such person. In this regard, the diplomatic mission or consular institution of the requested Party accredited in the territory of the requesting Party is required to interview the person in order to determine, among other things, the basis of the language in which such person communicates, as well as to determine whether he is his own citizen.
Article 6 Evidence against third-country nationals or stateless persons
1. The readmission of third-country nationals or stateless persons referred to in article 3 of this Agreement may be carried out on the basis of the submission of the following evidence:
1) valid visas or residence permits issued by the requested Party;
2) visas or residence permits issued by the requested Party, which expired during the previous two years;
3) entry/exit stamps or similar marks in the travel document of a person confirming the fact of his entry or stay in the territory of the requested Party or proving his entry into the territory of the requesting Party from the territory of such requested Party (travel itinerary);
4) documents issued in the name of the person by the requested Party (for example, driver's license, identity card);
5) documents issued at the time of registration of birth, marriage and death in the territory of the requested Party;
6) copies of the documents listed in subitems 1)-5) of this paragraph inclusive.
The above-mentioned evidence is recognized by the Parties without any additional formalities.
2. Evidence that the conditions for the readmission of third-country nationals or stateless persons specified in Article 3 of this Agreement have been fulfilled may be provided in the form of the following supporting documents:
1) travel tickets, documents or invoices indicating the name of the person, if they prove the fact of the person's entry or stay in the territory of the requested Party, or the fact of his entry into the territory of the requesting Party from the territory of the requested Party (for example, hotel bills, documents on appointment with a doctor/dentist, public/private institutions, passenger lists for flights by plane or ship);
2) information confirming that such a person has used the services of a guide or travel agency;
3) official statements, in particular, by border control officers working at the State border of the requested Party, as well as other government officials who can confirm that the person has crossed the state border of the requested Party;
4) official statements by government officials about the presence of such a person in the territory of the requested Party;
5) a residence permit issued by the requested Party, which expired more than two years ago;
6) a written statement describing the place, as well as the circumstances under which the person was detained after entering the territory of the requesting Party;
7) information from an international organization regarding the identification and/or stay of a person;
8) Travel agency statement;
9) the statement of the person himself;
10) other documents (for example, entry tickets without specifying the name of the person) or reliable information on the basis of which it is possible to accurately determine the travel route or place of residence of the person in the territory of the requested Party.
If such prima facie evidence is presented (at first glance) The Parties assume that the conditions have been fulfilled, unless the requested Party refutes such assumption.
Article 7 Time limits
1. A request for the readmission of a citizen may be submitted at any time by the competent authority of the requesting Party if it is established that the person has not fulfilled or no longer complies with the conditions of entry or residence in the territory of the requesting Party.
2. A request for readmission of a citizen of a third State or a stateless person shall be submitted by the competent authority of the requesting Party within a period not exceeding one year from the date when the competent authority of the requesting State became aware 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.
If there are circumstances preventing the submission of a timely request, the time limits for responding to a reasoned request are extended until they are resolved.
3. The response to the readmission request must be provided immediately and in any case, no later than 21 (twenty-one) calendar days from the date of its receipt. If the readmission request is refused, the reasons for the refusal must be indicated in writing.
4. Upon reaching an agreement or, where appropriate, upon the expiration of 21 (twenty-one) calendar days, the requested Party is obliged to immediately carry out the readmission of the person without further formalities and in any case, within a month, of the person whose readmission has been agreed. This period may be extended at the request of the applicant for the period necessary to remove obstacles of a legal or other nature.
5. At the request of the requesting Party, the requested Party is obliged to provide immediately and, in any case, within five working days, the travel documents necessary for the transfer of the person, issued in his name and valid for at least six months from the date of issue. If the requested Party is unable to provide the required travel document within five working days from the date of receipt of the readmission request, it will be recognized that the requested Party agrees to use the travel document provided by the requesting Party. If the person cannot be transferred before the expiration date of the original travel document, the requested Party is obliged, for legal or other purposes, to provide a new travel document valid for at least six months from the date of issue within five working days.
Article 8 Transmission methods and modes of transport
1. Prior to the transfer of the person to be readmitted, the competent authorities of the requesting Party are required to inform the competent authorities of the requested Party in writing about the date of transfer, the State border checkpoint, possible escort and other information related to the transfer.
2. It is not prohibited to use any type of transport – land, sea or air. The type of transport is selected by the requesting Party. Scheduled or charter air routes can be used.
Article 9 Erroneous readmission
The requesting Party shall take back any person if, as a result of verification, no later than three months after leaving the territory of the requesting Party, it is established that at the time of readmission the conditions specified in Articles 2 or 3 of this Agreement were not fulfilled.
In such cases, the procedural provisions of this Agreement shall apply, subject to the necessary amendments, and the requested Party shall provide all available information on the identity and nationality of this person.
Article 10 Transit rules
1. A Party shall allow the transit of third-country nationals through its territory if requested by the other Party, provided that such persons are transported through any other transit State and forcibly escorted by the State of final destination.
2. The Parties will take all necessary measures to restrict the transit of third-country nationals in cases where such persons cannot be returned directly to the destination State.
3. The provision of transit by the Parties may be refused:
1) if a citizen of a third State is in danger in the State of final destination or other transit States, or if he may be subjected to torture, inhuman or other degrading treatment or punishment, the death penalty or persecution on the basis of race, religion, nationality, membership of a particular social group or political beliefs;
2) if a citizen of a third State is prosecuted or becomes the subject of a court verdict in the territory of the requested Party or the transit State;
3) for reasons of public health, national security, and public order of the requested Party.
4. The Parties have the right to revoke any previously issued permit if the circumstances listed in paragraph 3 of this article subsequently impede transit or if a person's trip through transit States is no longer possible. In such cases, the requesting Party is obliged to immediately take back a citizen of a third country or a stateless person to its territory.
Article 11 Transit procedure
1. The request for transit must be submitted in writing to the competent authorities of the requested Party and must contain the following information:
1) type of transit (air, land or sea), other possible transit States and the intended destination State;
2) personal information about the person (surname, first name, date of birth and place of birth, nationality, type and number of travel document);
3) the intended crossing of the state border, the time of transfer of the person and possible escort;
4) a statement by the requesting Party stating that, in its opinion, the conditions set out in paragraphs 1 and 2 of Article 10 of this Agreement have been satisfied, and that there is no reason to refuse on the basis of paragraph 3 of Article 10 of this Agreement.
2. The competent authority of the requested Party is obliged to immediately inform the competent authority of the requesting Party in writing about the granting of permission to receive a person, confirming the place of crossing the state border and the planned time of reception, or about the refusal of admission, indicating the reasons for the refusal.
3. If the transit is carried out by air, the person in transit must be provided with the necessary maintenance services along with escort in order to gain access to the national or international airport area of the requested Party.
4. The competent authorities of the requested Party are required to assist in transit, in particular by providing surveillance of the transported persons, as well as the provision of appropriate maintenance services.
Article 12 Expenses
All transportation costs incurred during readmission and transit or upon the return of persons taken by mistake in accordance with this Agreement to the border crossing point of the final destination State shall be covered by the requesting Party, without prejudice to the right of the competent authorities of the Parties to reimburse such costs at the expense of the persons subject to readmission or third parties.
Article 13 Data protection
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, processing and using personal data, the competent authorities of the Parties act in accordance with their national legislation.
In addition, the following principles should be applied:
1) Personal data must be processed on a fair and lawful basis;
2) the collection of personal data must be carried out for a specific, clearly expressed and legitimate purpose related to the implementation of this Agreement, and their subsequent processing by both the body collecting them and the body receiving them must not be carried out in such a way that it is incompatible with the specified purpose.;
3) personal data must be adequate, relevant and not excessive in the light of the purpose for which they are collected and/or for which their subsequent processing is carried out. In particular, the personal data transferred may relate exclusively to the following:
personal information about the person to be transferred (last name, first name, former names, nicknames or pseudonyms, date and place of birth, gender, present and former citizenship);
identity card or passport (serial number, validity period, date of issue, issuing authority, place of issue);
stop locations and travel routes;
other information necessary to identify the person to be transferred, or to study the availability of conditions that, in accordance with this Agreement, are the basis for readmission.;
4) Personal data must be accurate and updated as needed.;
5) personal data should be stored in a form that allows identification of the subjects of this data, and no longer than is required for their collection and subsequent processing.;
6) the competent authority transmitting personal data and the competent authority 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 such data is not adequate, relevant, accurate or excessive in the light of the purpose of their processing. This involves notifying the other Party 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 be transferred only to the competent authorities of the Parties. 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.
Article 14 Relationship with other international obligations
This Agreement is without prejudice to the rights, obligations and responsibilities of the Parties in accordance with any international treaties to which they are parties.
Article 15 Implementation Protocol
The Parties shall conclude an Implementation Protocol that includes all necessary practical provisions for the implementation of this Agreement, among other things:
1) identification of the competent authorities of the Parties;
2) identification of checkpoints across the state border;
3) the conditions and procedure according to which the readmission of persons or transit must be carried out with an escort.
Article 16 Dispute resolution
Issues related to the implementation of this Agreement, including disputes between the Parties regarding the interpretation or application of the provisions of this Agreement, are resolved by mutual agreement of the Parties through consultations.
Article 17 Amendments
The Parties may, by mutual agreement, make amendments and additions to this Agreement, which are its integral parts, which are formalized in separate protocols and enter into force in accordance with the procedure provided for in Article 20 of this Agreement.
Article 18 The Depositary for the Benelux States
The Government of the Kingdom of Belgium acts as the depositary of this Agreement for the Benelux States (hereinafter referred to as the depositary).
The original of this Agreement will be kept by the depositary, who will send certified and authentic copies to the Parties of the Benelux States.
Article 19 Territorial application
With respect to the Kingdom of the Netherlands, the application of this Agreement may be extended to parts located outside Europe by written notification through the diplomatic channels of the depositary of this Agreement for the Benelux States, which must inform the other Parties to this Agreement.
Article 20 Entry into force
1. This Agreement shall enter into force on the first day of the second month following the date of receipt by the depositary through diplomatic channels of a written notification from two Parties, one of which is the Republic of Kazakhstan, on the completion of internal procedures necessary for its entry into force.
2. With respect to any other Party, this Agreement shall enter into force on the first day of the second month following the date of receipt from the depositary through diplomatic channels of a written notification that such other Party has completed the internal procedures necessary for its entry into force.
3. The Depositary shall inform each of the Parties of the receipt of the notifications referred to in paragraphs 1 and 2 and the dates of entry into force of this Agreement for each of the Parties.
4. The provisions of subparagraphs 3) and 4) of paragraph 1 of Article 3 of this Agreement shall apply after three years from the date established by paragraph 1 of this Article. During this three-year period, the provisions of subparagraphs 3) and 4) of paragraph 1 of Article 3 shall apply only to stateless persons from those third States and citizens of those third States with which the Parties have concluded international readmission agreements.
Article 21 Suspension and termination
1. This Agreement is concluded for an indefinite period.
2. The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands may jointly suspend this Agreement in order to protect national security, public order or public health by sending a written notification through diplomatic channels to the Republic of Kazakhstan through the depositary. The depositary shall immediately inform the Republic of Kazakhstan through diplomatic channels about the cancellation of such a measure.
3. The Republic of Kazakhstan may suspend the operation of this Agreement in order to protect national security, public order or public health by sending a written notification through diplomatic channels to the Benelux States through the depositary. The Republic of Kazakhstan shall immediately inform the depositary through diplomatic channels of the cancellation of such a measure.
4. The suspension of this Agreement shall enter into force on the first day of the first month following the month of receipt of the notification referred to in paragraphs 2 and 3 of this article.
5. The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands may jointly terminate this Agreement by notifying the depositary through diplomatic channels, which shall inform the Republic of Kazakhstan in writing accordingly.
6. The Republic of Kazakhstan may terminate this Agreement by informing the depositary through diplomatic channels, who shall inform the other Benelux States in writing.
7. This Agreement shall terminate on the first day of the second month following the month of receipt through diplomatic channels of the written notification referred to in paragraphs 5 and 6 of this article.
In witness whereof, the representatives of the Parties duly authorized for this purpose have signed this Agreement.
Done in Brussels on March 2, 2015, in two copies each in the Kazakh, French, Dutch 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 Republic of Kazakhstan
For the Kingdom of Belgium For the Grand Duchy of Luxembourg For the Kingdom of the Netherlands
PROTOCOL on the implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on readmission
The Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands), hereinafter referred to as the "Parties", in accordance with article 15 of the Readmission Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) (hereinafter referred to as the Agreement) have agreed as follows:
Article 1 Definitions
For the application of this Implementation Protocol, the following terms will have the following meanings:
"diplomatic mission" means the diplomatic mission of the requested Party in the territory of the requesting Party.;
"accompanying persons" – a person (or persons) designated by the requesting Party to accompany a person subject to readmission or transit.
Article 2 Submission of a readmission request (article 4 of the Agreement)
1. The request for readmission is sent by fax, electronically or by other technical means to the diplomatic mission and the competent authority of the requested Party.
2. The request for readmission is sent using the form provided in Appendix 1B to this Implementation Protocol.
3. If the conditions set out in paragraph 4 of Article 4 of the Agreement are fulfilled, a written notification using the form provided in Annex 3 to this Implementation Protocol will be sufficient.
4. To provide or receive more detailed information on a specific readmission request, the Parties contact the diplomatic mission and the competent authority.
Article 3 Response to the request (paragraph 3 of Article 7 of the Agreement)
1. The response to the readmission request is sent by fax, electronically or by other technical means to the diplomatic mission and the competent authority of the requesting Party.
2. This report is submitted using the form provided in paragraph 2 of Article 2 of this Implementation Protocol.
Article 4 Travel documents (paragraph 5 of Article 7 of the Agreement)
1. In case of a positive response to the readmission request, the diplomatic mission issues the travel documents required for departure, in accordance with paragraph 5 of Article 7 of the Agreement, to the competent authorities of the requesting Party.
2. Based on paragraph 5 of Article 7 of the Agreement, if the diplomatic mission does not issue the necessary travel documents within five working days from the date of receipt of the relevant request, the requested Party is considered to have agreed to use the travel document submitted by the requesting Party. The documents that the Parties will use for this purpose are listed in Annexes 4 and 5 to this Implementation Protocol.
Article 5 Transfer (article 8 of the Agreement)
1. The competent authority of the requesting Party shall inform the competent authority and the diplomatic mission of the requested Party of the proposed transfer by fax, electronic means or other technical means at least three working days in advance. For this purpose, it uses the forms provided in annex 2 to this Implementation Protocol.
2. If the requesting Party finds it impossible to transfer the person to be readmitted within the one-month period provided for in paragraph 4 of Article 7 of the Agreement, it shall immediately inform the competent authority and the diplomatic mission of the requested Party. Immediately after the actual transfer of the person, the competent authority of the requesting Party shall inform the requested Party in accordance with the procedure and time limits provided for in paragraph 1 of this Article.
3. If, for medical reasons, transportation must be carried out by land or sea, the competent authorities of the requesting Party shall make a separate note of this fact on the form provided in Annex 2 to this Implementation Protocol.
Article 6 Transit procedure (Article 10 of the Agreement)
1. The transit request is sent at least two days before the scheduled transit by fax, electronic means or other technical means to the competent authority of the requested Party. This request is made using the form provided in Appendix 6 to this Implementation Protocol.
2. The competent authority of the requested Party shall immediately provide a response by fax, electronic means or other technical means indicating whether it agrees to transit. This response is submitted using the form provided for in paragraph 1 of this article.
3. In general, transit is carried out by air.
Article 7 Transit support (paragraph 4 of Article 11 of the Agreement)
1. If the requesting Party considers it necessary to obtain the support of the authorities of the requested Party for any transit, it shall send a request for such support simultaneously with the transit of the person to the competent authorities of the requested Party. In its response to the transit request, the requested Party indicates whether it will be able to provide the requested support. For this purpose, the Parties shall use the forms provided in Annex 6 to this Implementation Protocol and, if necessary, consult with each other.
2. If the person is traveling accompanied by accompanying persons, then his protection and disembarkation are carried out under the control of the requested Party, as well as as long as this Party provides support.
Article 8 Obligations of accompanying persons during readmission or transit (paragraph 3 of Article 15 of the Agreement)
1. The powers of transit escorts are limited to self-defense. In addition, in the absence of officials of the requested Party authorized to take necessary measures or to provide support to such persons, accompanying persons have the right to respond reasonably and proportionately in the event of an immediate and serious threat of danger to prevent escape, harm to themselves or third parties, or damage to property.
Accompanying persons during their stay in the territory of the requested Party are obliged to comply with its legislation in all circumstances.
2. Accompanying persons perform their tasks without carrying or using weapons and in civilian clothes. They must also have with them documents confirming the readmission or transit permit, and they must always have identification documents and an escort permit with them.
3. The authorities of the requested Party shall provide the same protection and support to accompanying persons in the performance of their duties under this Agreement that they provide to their own officials authorized to take such actions.
Article 9 Definition of competent authorities (paragraph 1 of Article 15 of the Agreement)
The Parties shall exchange a list of structural divisions of the competent authorities and contact details necessary for the implementation of the Agreement within one month from the date of conclusion of this Implementation Protocol.
The Parties shall immediately inform each other of any changes to this list.
Article 10 Definition of checkpoints across the state border (paragraph 2 of Article 15 of the Agreement)
1. The Parties, within one month from the date of conclusion of this Protocol, shall inform each other in writing about the points of crossing state borders through which persons can be transferred and accepted in accordance with the Agreement. The Parties shall immediately inform each other of any changes in this area.
2. The parties may agree on other checkpoints across the state border in each specific case.
Article 11 Expenses (article 12 of the Agreement)
The costs incurred by the requested Party in connection with readmission and transit, which must be borne by the requesting Party in accordance with Article 12 of the Agreement, shall be compensated by the requesting Party according to the submitted invoices.
Article 12 Language
The working language for the implementation of the Agreement and this Protocol is English.
Article 13 of the Annex
Annexes 1-6 are an integral part of this Implementation Protocol.
Article 14 Amendments and dispute resolution
The Parties may make amendments and additions to this Protocol by mutual agreement.
Issues related to the implementation of this Protocol, including disputes between the Parties regarding the interpretation or application of the provisions of this Protocol, shall be resolved by mutual agreement of the Parties through consultations.
Article 15 Entry into force and denunciation
1. This Implementation Protocol shall enter into force simultaneously on the date of entry into force of the Agreement.
2. This Implementation Protocol shall terminate simultaneously with the termination of the Agreement.
3. This Implementation Protocol shall be suspended in the event of suspension of the Agreement.
Done in Brussels on March 2, 2015, in two originals, each in the Kazakh, French, Dutch and English languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Protocol, the Parties will refer to the English text.
For the Republic of Kazakhstan
For the Kingdom of Belgium For the Grand Duchy of Luxembourg For the Kingdom of the Netherlands
ANNEX 1A to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) about readmission
REQUEST FOR READMISSION OF A PARTY'S OWN CITIZEN
(Article 4 of the Agreement and paragraph 2 of Article 2 of the Implementation Protocol)
REQUEST DATE:__________________ CASE NO.:_______________________
FROM: THE COMPETENT AUTHORITY (of the requesting Party)
Bodys.: Fax: E-mail:
Q: THE COMPETENT AUTHORITY (of the requested Party)
Bodys.: Fax: E-mail:
1 PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM READMISSION IS REQUESTED
LAST NAME FIRST NAME
DEV. LAST NAME ______________________________ ________________________
Etc. the names _______________________________ ________________________
(aliases, etc.) _______________________ ________________________
floor ___________________________
DATE OF BIRTH _______________________ PLACE OF BIRTH _______________________
LAST PLACE
ACCOMMODATION ON
TERRITORIES
REQUESTED
sides _______________________
FAMILY. position:
Married (married) SPOUSE _______________________
Divorced
Widower/widow
MINORS
CHILDREN ________________________________ ( quantity)
Name(s) ________________________________
Date of birth ________________________________
________________________________
2 EVIDENCE FOR THE PARTY'S OWN CITIZENS
(Article 5 of the Agreement)
(Note: - here you must specify the date of issue, the validity period
documents, etc.)
1 ____________________________________________________________________
2 ____________________________________________________________________
3 ____________________________________________________________________
4 ____________________________________________________________________
5 ____________________________________________________________________
(copies are attached)
3 INFORMATION ABOUT ILLEGAL RESIDENCE IN THE TERRITORY OF THE REQUESTING PARTY
DATE OF FACT FINDING
ILLEGAL RESIDENCE
4 APPLICATIONS
NUMBER OF DOCUMENTS
(with a brief description)
1 _______________________________________
2 _______________________________________
3 _______________________________________
4 _______________________________________
5 _______________________________________
6 _______________________________________
NAME OF THE OFFICIAL
SEAL AND SIGNATURE
RESPONSE TO THE READMISSION REQUEST
(paragraph 3 of Article 7 of the Agreement and article 3 of the Implementation Protocol)
RESPONSE DATE: ________________________________________________________
1 THE DECISION TAKEN
allow
deny
GROUNDS FOR REFUSAL IN CASE OF A NEGATIVE DECISION
2 SPECIAL MARKS
NAME OF THE OFFICIAL SEAL AND SIGNATURE
ANNEX 1B to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) about readmission
REQUEST FOR READMISSION OF A THIRD-COUNTRY CITIZEN
(Article 4 of the Agreement and article 2 of the Implementation Protocol)
REQUEST DATE:__________________ CASE NO.:_______________________
FROM: THE COMPETENT AUTHORITY (of the requesting Party)
Tel.:________________ Fax number:__________________ Email address:______________________________
Q: THE COMPETENT AUTHORITY (of the requested Party)
Tel.:________________ Fax number:__________________ Email address:______________________________
1 PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM READMISSION IS REQUESTED
LAST NAME ___________________________________ NAME ________________________
DEV. surname ______________________________
Etc. the names _______________________________
(aliases, etc.) _______________________
floor ___________________________
date of birth _______________________
CITIZENSHIP _________________________ PLACE OF BIRTH _______________________
LAST PLACE OF RESIDENCE ON THE TERRITORY
OF THE REQUESTED PARTY _______________________
FAMILY. position:
Married (married) SPOUSE _______________________
Divorced
Widower/widow
MINOR CHILDREN
________________________________ (quantity)
Name(s) ________________________________
Date of birth ________________________________
2 EVIDENCE FOR THIRD-COUNTRY NATIONALS
(Article 6 of the Agreement)
(Note: - here you must specify the date of issue, the validity period
documents, etc.)
1 ____________________________________________________________________
2 ____________________________________________________________________
3 ____________________________________________________________________
4 ____________________________________________________________________
5 ____________________________________________________________________
(copies are attached)
3 INFORMATION ABOUT ILLEGAL RESIDENCE IN THE TERRITORY OF THE REQUESTING PARTY
DATE OF FACT FINDING
ILLEGAL RESIDENCE
4 APPLICATIONS
NUMBER OF DOCUMENTS
(with a brief description)
1 _______________________________________
2 _______________________________________
3 _______________________________________
4 _______________________________________
5 _______________________________________
6 _______________________________________
NAME OF THE OFFICIAL
SEAL AND SIGNATURE
RESPONSE TO THE READMISSION REQUEST
(paragraph 3 of Article 7 of the Agreement and article 3 of the Implementation Protocol)
RESPONSE DATE:____________________________
1 THE DECISION TAKEN
allow
deny
GROUNDS FOR REFUSAL IN CASE OF A NEGATIVE DECISION
2 SPECIAL MARKS
NAME OF THE OFFICIAL SEAL AND SIGNATURE
ANNEX 2 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) about readmission
NOTIFICATION OF READMISSION
(Article 8 of the Agreement and article 5 of the Implementation Protocol)
REQUEST DATE:__________________ CASE NO.:_______________________
NOTIFICATION OF PERMISSION FROM (date):__________________________________
FROM: THE COMPETENT AUTHORITY (of the requesting Party)
Tel.:_________________ Fax number:___________________ Email address:______________________________
Q: THE COMPETENT AUTHORITY (of the requested Party)
Tel.:_________________ Fax number:___________________ Email address:______________________________
1 PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM THE READMISSION IS BEING ANNOUNCED
surname ___________________________________
name _______________________________________
DATE OF BIRTH _______________________ PLACE OF BIRTH _______________________
citizenship __________________________________________
Civil status:
Married (married) Husband/wife
Divorced
Widower/widow
MINOR CHILDREN (number)
Name(s)
Date of birth
2 DOCUMENTS AVAILABLE TO THE PERSON REFERRED TO IN PARAGRAPH 1
(Note: - here you must specify the date of issue, the validity period of the documents, etc.)
1. TRAVEL DOCUMENT WITH PHOTO
2 DOCUMENTS AVAILABLE TO THE PERSON REFERRED TO IN PARAGRAPH 1
(Note: - here you must specify the date of issue, the validity period of the documents, etc.)
1. TRAVEL DOCUMENT WITH PHOTO
issued (date)____________________ in(location)_____________________________
valid until (date)________________________________
2. OTHER (TRAVEL-) DOCUMENTS
__________________________________________________________________________________
__________________________________________________________________________________
(copies are attached)
3 DATE, TIME, PLACE AND METHOD OF RETURN
DATE AND TIME OF TRANSPORTATION
PLACE OF TRANSPORTATION
TRANSPORTATION METHOD
TRANSPORTATION METHOD
- CAR
- AIRPLANE
AIR/GROUND/marine*
yes/no*
REGISTRATION NUMBER
Number ______________________________
yes/no*
FLIGHT No. _____________________________
ACCOMPANYING PERSONS:
THEIR NUMBER
THEIR NAMES
yes/no*
_____________________________________
1____________________________________
2____________________________________
MEDICAL
escort
REASONS WHY READMISSION CANNOT BE CARRIED OUT BY AIR (medical or other)
PROTECTION OR SECURITY MEASURES TAKEN
yes/no*
1_______________________________________
2_______________________________
3_______________________________
4_______________________________
1_______________________________________
2_______________________________
3_______________________________
4 APPLICATIONS
NUMBER OF DOCUMENTS
(with a brief description)
1_______________________________________
2_______________________________________
3_______________________________________
4_______________________________________
5_______________________________________
6_______________________________________
NAME OF THE OFFICIAL SEAL AND SIGNATURE
CONFIRMATION OF NOTIFICATION RECEIPT
date:____________________________________
NAME OF THE OFFICIAL
SEAL AND SIGNATURE
* Delete what you don't need
ANNEX 3 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) about readmission
MESSAGE ABOUT READMISSION
(paragraph 4 of Article 4 of the Agreement and paragraph 3 of Article 2 of the Implementation Protocol)
REQUEST DATE:__________________ CASE NO.:_______________________
FROM: THE COMPETENT AUTHORITY (of the requesting Party)
Tel.:_________________ Fax number:___________________ Email address:______________________________
Q: THE COMPETENT AUTHORITY (of the requested Party)
Tel.:_________________ Fax number:___________________ Email address:______________________________
1 PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM THE READMISSION IS BEING ANNOUNCED
OR FORCED TRANSFER
LAST NAME ___________________________ NAME _______________________________________
date of birth _______________________
PLACE OF BIRTH _______________________
citizenship __________________________________________
Civil status:
Married (married) Husband/wife
Divorced
Widower/widow
MINOR CHILDREN (number)
Name(s)
Date of birth
2 THE DOCUMENTS AVAILABLE TO THE PERSON SPECIFIED IN PARAGRAPH
(Note: - here you must specify the date of issue, the validity period of the documents, etc.)
1. TRAVEL DOCUMENTS
_________________________________________________________________________________
2. VISAS / RESIDENCE PERMITS
_________________________________________________________________________________
(copies are attached)
3 DATE, TIME, PLACE AND METHOD OF RETURN
DATE AND TIME OF TRANSPORTATION
PLACE OF TRANSPORTATION
TRANSPORTATION METHOD
TRANSPORTATION METHOD
- CAR
- AIRPLANE
AIR/GROUND/marine*
yes/no*
REGISTRATION NUMBER
Number_____________________________
yes/no*
FLIGHT No.
__________________________________
4 APPLICATIONS
NUMBER OF DOCUMENTS
(with a brief description)
1_______________________________________
2_______________________________________
3_______________________________________
4_______________________________________
5_______________________________________
6_______________________________________
NAME OF THE OFFICIAL SEAL AND SIGNATURE
CONFIRMATION OF NOTIFICATION RECEIPT
date:____________________________________
NAME OF THE OFFICIAL SEAL AND SIGNATURE
* Delete what you don't need
ANNEX 4 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) about readmission
STANDARD EU TRAVEL DOCUMENT FOR RETURN
(paragraph 5 of Article 7 of the Agreement and paragraph 2 of Article 4 of the Implementation Protocol)
Member State / Etat Membre / Lidstaat:
Registration number / Numero d'enregistrement / Registratienr.:
__________________
Document No./ Doc. numero/ Doc. nr:
_____________________________________________
Valid for one trip from / Valable pour un seul voyage de /
Geldig vooreen eenmalige
reisvan_______________
Last Name/ Nom / Naam:
___________________________________
Name/ Prenom /Voornaam:
___________________________________
Date of birth / Date de naissance / Geboortedatum:
_______________
Photo/ Photo / Foto
Photo Height/Taille / Lengte:___________________________________________
Omens / Signes particuliers / Bijzondere kenmerken:
______________________________
Citizenship / Nationality / Nationaliteit:
__________________________________________
Address at home (if known) / Adresse dans le pays d'origine (si connu) /
Adres in het land van oorsprong (indien bekend):
__________________________________________
Issuing authority / Autorite de deliverance /
Afgegeven door:______________________________________________________
Issued in / Lieu de deliverance /
Afgegeven te Seal/Stamp:
____________________________________________
Sceau/Cachet Zegel/Stempel
Date of issue / Date of delivery /
Datum van afgifte:___________________________________________________
Signature / Signature / Handtekening:
Notes / Observations / Opmerkingen:
ANNEX 5 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) about readmission
TRAVEL DOCUMENT FOR RETURN
(paragraph 5 of Article 7 of the Agreement and paragraph 2 of Article 4 of the Implementation Protocol)
ANNEX 6 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) about readmission
REQUEST FOR PERMISSION FOR TRANSIT OF THE ALIEN(S) BEING EXPELLED TO A THIRD COUNTRY
(paragraph 1 of Article 11 of the Agreement and paragraph 1 of Article 6 of the Implementation Protocol)
REQUEST DATE:__________________ CASE NO.:_______________________
FROM: THE COMPETENT AUTHORITY (of the requesting Party)
Tel.:_________________ Fax number:___________________ Email address:______________________________
Q: THE COMPETENT AUTHORITY (of the requested Party)
Tel.:_________________ Fax number:___________________ Email address:______________________________
1 PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM A TRANSIT PERMIT IS REQUIRED
DEV. LAST NAME _____________________________________
Etc. name _______________________________________
(aliases, etc.) ____________________________________
floor _____________________________________________
DATE OF BIRTH _______________________ PLACE OF BIRTH _______________________
citizenship __________________________________________
TYPE AND NUMBER OF THE PASSAGE. THE DOCK _______________________________
Civil status:
Married (married) Husband/wife
Divorced
Widower/widow
MINOR CHILDREN (number)
Name(s)
Date of birth
2 APPLICATION FROM THE COMPETENT AUTHORITY OF THE REQUESTING PARTY
a. THE CONDITIONS HAVE BEEN FULFILLED (paragraphs 1 and 2 of Article 10 of the Agreement)
b. THERE IS NO REASON TO REFUSE
(paragraph 3 of Article 10 of the Agreement)
3 INTENDED METHOD OF TRANSPORTATION
DATE, HOUR AND PLACE OF ARRIVAL IN THE TERRITORY OF THE REQUESTED PARTY
Date _________________________________
Place _________________________________
An airport* _________________________________
Flight No. _________________________________
Border crossing point *______________ Per. Car number _______________________
Port* ___________________________ Shipping company _______________________________
DATE, HOUR AND PLACE OF DEPARTURE FROM THE TERRITORY OF THE REQUESTED PARTY
Date __________________________ Location _________________________________
Airport* ________________________ Flight No. _____________________________
Border crossing point * ___________ Per. Car number _________________________
Port* ___________________________ Shipping company________________________________
OTHER TRANSIT STATES _________________________________________________________
FINAL STATE OF ARRIVAL _______________________________________________________
4 SUPPORT
ACCOMPANYING PERSONS:
THEIR NUMBERS THEIR NAMES
yes/no*
__________________________________________________________
1_________________________________________________________
2_________________________________________________________
MEDICAL SUPPORT
THE REASONS FOR
WHICH
TRANSIT IS NOT
maybe
IMPLEMENTED
BY AIR
BY TRANSPORT
(medical or other)
PROTECTION OR SECURITY MEASURES TAKEN REQUIRED SUPPORT
way
RENDERING SERVICES
SUPPORT SERVICES
yes/no
1_________________________________________________________
2_________________________________________________________
3_________________________________________________________
4_________________________________________________________
1_________________________________________________________
2_________________________________________________________
3_________________________________________________________
yes/no*
__________________________________________________________
5 APPLICATIONS
NUMBER OF DOCUMENTS
(with a brief description)
1_______________________________________
2_______________________________________
3_______________________________________
4_______________________________________
5_______________________________________
6_______________________________________
NAME OF THE OFFICIAL SEAL AND SIGNATURE
RESPONSE TO A TRANSIT REQUEST
(paragraph 2 of Article 11 of the Agreement and paragraph 2 of Article 6 of the Implementation Protocol)
RESPONSE DATE:_________________________________________________________
1 THE DECISION TAKEN
allow
deny
GROUNDS FOR REFUSAL IN CASE OF A NEGATIVE DECISION
2 SPECIAL MARKS (also see point 3)
NAME OF THE OFFICIAL
SEAL AND SIGNATURE
*Delete what you don't need
I hereby confirm the text in Russian of the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on readmission, signed in Brussels on March 2, 2015.
Deputy Chief
Migration Police Department
Ministry of Internal Affairs of the Republic of Kazakhstan
E. Baybatchin
RCPI's note! The text of the Agreement and Protocol in French, Dutch and English is attached.
© 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
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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