On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Czech Republic on the Readmission of Persons with Illegal Residence

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Czech Republic on the Readmission of Persons with Illegal Residence

The Law of the Republic of Kazakhstan dated February 19, 2016 No. 456-V SAM

To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Czech Republic on the readmission of persons with illegal residence, concluded in Prague on February 23, 2011.

President of the Republic of Kazakhstan N. NAZARBAYEV

AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN AND THE GOVERNMENT OF THE CZECH REPUBLIC ON THE READMISSION OF PERSONS WITH ILLEGAL RESIDENCE

Entered into force on July 1, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 3, art. 55

THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN and the GOVERNMENT OF the CZECH REPUBLIC, hereinafter referred to as the "Contracting Parties" Determined to strengthen cooperation in order to increase the effectiveness of countering illegal immigration; Concerned about the significant increase in the activities of organized criminal groups for the smuggling of migrants, Desiring, by concluding this Agreement on the basis of reciprocity, to create prompt and effective procedures for the identification and safe and orderly return of persons who fail or cease to comply with the conditions of entry, stay or residence in the territory of the States of the Contracting Parties, as well as to facilitate the transit of such persons in a spirit of cooperation, Taking into account national legislation and accepted international obligations of the States of the Contracting Parties, HAVE AGREED ON THE FOLLOWING:

Article 1 Definitions

The terms used in this Agreement mean the following: 1) readmission - the return by the competent authority of the Requesting Party and the acceptance by the competent authority of the Requested Party of citizens of the State of the Requested Party, third-country nationals or stateless persons who illegally entered, stay or reside in the territory of the State of the Requesting Party, in accordance with the provisions of this Agreement; 2) citizen of the Republic of Kazakhstan - a person with the citizenship of the Republic of Kazakhstan in accordance with its legislation; 3) a citizen of the Czech Republic is a person who has the citizenship of the Czech Republic in accordance with its legislation; 4) a citizen of a third country is a person who has a nationality other than the nationality of the States of the Contracting Parties; 5) a stateless person is a person who does not have any nationality.; 6) residence permit - a permit of any kind issued by the competent authorities of the Contracting Parties granting a person the right to reside in the territory of the States of the Contracting Parties, which does not include temporary permits to stay in the territory of the States of the Contracting Parties in connection with the procedure for considering an application for asylum or an application for a residence permit; 7) visa — a permit issued by the competent authorities of the Contracting Parties, which is necessary for entry into or transit through the territory of the States of the Contracting Parties, which does not include transit visas issued at airports; 8) transit - the passage of third-country nationals or stateless persons through the territory of the State of the Requested Party when crossing from the State of the Requesting Party to the destination State; 9) Requesting Party - a Contracting Party that sends a readmission request in accordance with Article 5 of this Agreement or a transit request in accordance with Article 10 of this Agreement; 10) Requested Party - a Contracting Party to which a readmission request has been sent in accordance with Article 5 of this Agreement or a transit request in accordance with Article 10 of this Agreement; 11) competent authority - the authority of the State of the Contracting Party specified in the Protocol for the Implementation of this Agreement, which is responsible for the implementation of this Agreement; 12) border area - international airports of the States of the Contracting Parties.

SECTION 1 OBLIGATIONS REGARDING READMISSION

Article 2 Readmissions of citizens of the States of the Contracting Parties

1. The Requested Party, at the request of the Requesting Party, within the framework of this Agreement, accepts in the territory of its State any person who does not fulfill or ceases to fulfill the conditions of entry, stay or residence in the territory of the State of the Requesting Party, if it is established that this person is a national of the State of the Requested Party. This provision also applies to persons who, after entering the territory of the State of the Requesting Party, have been deprived of or renounced the citizenship of the State of the Requested Party and have not acquired the citizenship of the State of the Requesting Party. 2. Simultaneously with the readmission of the persons referred to in paragraph 1 of this article, the Requested Party shall carry out the readmission of their: - 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's State; - 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 in the territory of the State of the Requested Party or this right will be obtained by them and they do not have an independent right to stay and reside in the territory of the State of the Requesting Party. 3. The requested Party, regardless of the will of the person whose readmission has been agreed, issues, if necessary, within 3 working days after the date of reaching agreement with the readmission, the travel document necessary for the return of this person, valid for at least 6 months. If, for legal or factual reasons, the said person cannot be transferred during the validity period of the travel document, the Requested Party shall extend the validity period of the travel document within 14 calendar days or, if necessary, issue a new travel document with the same validity period. If the Requested Party has not issued a new travel document or extended its validity period within 14 calendar days, the Requested Party must accept the expired document.

Article 3 Readmission of third-country nationals and stateless persons

1. The Requested Party, at the request of the Requesting Party under this Agreement, accepts in the territory of its State any citizen of a third State or a stateless person who does not fulfill or ceases to fulfill the conditions of entry, stay or residence in the territory of the State of the Requesting Party, if evidence is provided that such a person: 1) illegally entered the territory of States of one Contracting Party directly from the territory of the State of the other Contracting Party; or 2) at the time of entry has a valid residence permit issued by the Requested Party; or 3) at the time of entry has a valid visa issued by the Requested Party and entered the territory of the Requesting Party's State directly from the territory of the Requested Party's State. 2. The readmission obligation provided for in paragraph 1 of this article does not apply if: 1) a citizen of a third State or a stateless person was exclusively in the transit zone of an international airport in the territory of the Requested Party's State.; or 2) The requesting party has issued a visa or residence permit to a citizen of a third State or a stateless person, before or after entering the territory of its State, except in the following cases: - this person has a visa or residence permit issued by the Requested Party and has a longer validity period; or - a visa or residence permit The documents issued by the Requesting Party were obtained using forged or forged documents.; 3) a citizen of a third country or a stateless person does not need a visa to enter the territory of the Requesting State. 3. After the Requested Party gives a positive response to the readmission request, the Requesting Party shall issue a travel document recognized by the Requested Party to the person whose readmission has been agreed.

Article 4 Erroneous readmission

The requesting Party shall take back any person who has been accepted by the Requested Party if, within 3 months after the date of transfer of this person, it is established that the requirements contained in articles 2 and 3 of this Agreement have not been met. In such cases, the procedural provisions of this Agreement shall apply, subject to necessary amendments, and the Requested Party shall provide all available information on the identity and nationality of the person to be returned.

SECTION 2 READMISSION PROCEDURE

Article 5 Application for readmission

1. Subject to paragraph 2 of this article, for any transfer of a person subject to readmission on the basis of one of the obligations provided for in Articles 2 and 3 of this Agreement, it is necessary to send a request for readmission to the competent authority of the Requested Party. 2. A readmission request or a written request to the competent authority of the Requested Party is not required if the person to be readmitted has a valid travel document or identity document, and if this person is a citizen of a third country or a stateless person, a valid visa issued by the Requested Party. 3. Without prejudice to paragraph 2 of this article, if a person is detained in the border area of the Requesting Party's State within 48 hours of the person illegally crossing the State border, the Requesting Party may file a request for the readmission of such person within 2 days of his detention, if he proceeded directly from the territory of the Requested Party's State (expedited procedure). 4. The readmission application must contain, in particular: 1) all available information about the person to be readmitted, in accordance with the Protocol for the Implementation of this Agreement; 2) evidence, in accordance with Article 6 of this Agreement. 5. Where necessary, the readmission application must also contain the following: 1) a statement indicating that the person to be transferred may need assistance or medical care, provided that this person has given explicit consent to such a statement.; 2) information about any other protection or security measures that may be necessary in case of transfer.

Article 6 Evidence

1. The types of evidence of citizenship, in accordance with article 2 of this Agreement, and evidence in respect of third-country nationals or stateless persons, in accordance with Article 3 of this Agreement, are contained in the Protocol for the Implementation of this Agreement. 2. If none of the evidence of nationality can be provided in accordance with article 2 of this Agreement, the diplomatic mission or consular institution of the Requested Party shall conduct an interview with the person subject to readmission within 10 calendar days from the date of receipt of the readmission application in order to establish his nationality.

Article 7 Time limits

1. An application for readmission shall be submitted to the competent authority of the Requested Party within a period not exceeding one year from the date on which the competent authority of the Requesting Party became aware that a third-country national or a stateless person does not comply or ceases to comply with the conditions of entry, stay or residence. There is no obligation to readmit if the application for the readmission of such persons is submitted after the expiration of the above-mentioned period. 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 eliminated. 2. The response to the readmission request must be sent by the Requested Party without undue delay and in any case within a period not exceeding 14 calendar days from the date of receipt of such request. If there are circumstances preventing a timely response to a request, in all cases the time limit for responding to a reasoned request is extended to 30 calendar days. 3. In the case of sending a readmission request under the accelerated procedure provided for in paragraph 3 of Article 5 of this Agreement, the response shall be given within 3 working days from the date of receipt of the readmission request. 4. If the response has not been received within the time limits specified in paragraphs 2 and 3 of this article, the transfer issue is considered agreed. 5. The requesting Party shall be informed of the reasons for rejecting the readmission request. 6. Upon reaching an agreement or, where applicable, upon the expiration of the time limits specified in paragraph 2 of this article, the person subject to readmission shall be transferred within 90 calendar days. In the case of an expedited procedure in accordance with paragraph 3 of Article 5 of this Agreement, the person will be transferred within 5 working days. At the request of the Requesting Party, this period is extended taking into account the time required to remove legal or practical obstacles.

Article 8 Conditions of transfer and modes of transport

1. Without prejudice to paragraph 2 of Article 5 of this Agreement, prior to the transfer of a person subject to readmission, the competent authorities of the Contracting Parties shall agree in advance in writing on the date of transfer, border checkpoint, possible escort and other issues related to the transfer. 2. For the transfer of a person subject to readmission, air and land modes of transport can be used. When transporting such a person by air, the choice is not limited to using the national airlines of the States of the Contracting Parties. Both regular and charter flights can be used for these purposes. If accompanied, it is limited to authorized persons of one of the Contracting Parties.

SECTION 3 TRANSIT PROCEDURE

Article 9 Principles

1. The Contracting Parties shall limit the transit of third-country nationals or stateless persons to cases where such persons cannot be returned directly to the State of destination. 2. The requested Party shall permit the transit of third-country nationals or stateless persons if their continued passage through the territory of other transit States and their acceptance by the destination State is guaranteed. 3. At the request of the Requested Party, transit of third-country nationals or stateless persons is carried out with an escort. 4. The requested Party may refuse transit: 1) if there is a threat that in the destination State or in the transit State a citizen of a third State or a stateless person may be subjected to torture, inhuman or degrading treatment or punishment, the death penalty or persecution on the basis of race, religion, nationality, as well as belonging to a certain social group. a group or based on political beliefs; 2) if in the State of the Requested Party or the transit State a citizen of a third State or a stateless person may be subjected to criminal prosecution or punishment; 3) for reasons of protecting public health, national security, public order or other national interests of the State of the Requested Party. 5. The requested Party may revoke any issued permit if the circumstances provided for in paragraph 4 of this article subsequently arise or become apparent, or if the person's passage through the territory of other transit States or its acceptance by the destination State is no longer guaranteed. In this case, the Requesting Party must take back a third-country national or a stateless person without delay.

Article 10 Transit procedure

1. An application for transit shall be submitted to the competent authorities of the Requested Party in writing and must contain the following information: 1) type of transit, transit route, other transit States, if any, and destination State; 2) all available information about the person to be transited in accordance with the Protocol for the Implementation of this Agreement; 3) the border checkpoint that is supposed to be used, the time of the transfer of the person and the possible escort; 4) a statement by the Requesting Party stating that, in its opinion, the conditions provided for in paragraph 2 of Article 9 of this Agreement have been fulfilled and that it is not aware of the circumstances that constitute grounds for refusing transit in accordance with paragraph 4 of Article 9 of this Agreement. 2. Within 10 calendar days after receiving such a request, the competent authorities of the Requested Party shall notify the competent authorities of the Requesting Party in writing of the consent to the transit of the person, confirm the border checkpoint and the expected time of acceptance of the person, or notify them of the refusal of transit and its reasons. 3. If transit is carried out by air, the person to be transited and possible accompanying persons are exempt from the need to obtain transit visas. 4. The competent authorities of the Requested Party shall facilitate transit, in particular by ensuring the monitoring of these persons and providing the necessary facilities. 5. The accompanying persons of the Requesting Party shall have with them a copy of the documents confirming the consent to transit of the Requested Party. The accompanying persons of the Requesting Party have no authority in the territory of the Requested Party's State and will not be armed.

SECTION 4 EXPENSES

Article 11 Expenses

All costs incurred during readmission and transit in accordance with this Agreement to the border crossing point of the final destination State, as well as the costs of the Requested Party incurred in connection with the return of persons in accordance with Article 4 of this Agreement, shall be borne by the Requesting Party, without prejudice to the right of the competent authorities of the Requesting Party to reimburse such costs. at the expense of persons subject to readmission or transit, or third parties.

SECTION 5 DATA PROTECTION

Article 12 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 Contracting Parties. When transferring, processing and using personal data, the competent authorities of the Contracting Parties act in accordance with their respective laws. 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 competent authority transmitting personal data and the competent authority receiving it must not be carried out in such a way that it is incompatible with the specified purpose; 3) personal data They should 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: - information about the person subject to readmission or transit (first name, last name, other names used by the person or the names by which he is known, pseudonyms, gender, civil status, date and place of birth, present and any previous citizenship); - passports, identity cards, driver's licenses or other identification or travel documents (number, validity period, date of issue, issuing authority, place of issue); - places of stopping and routes of movement; - other information necessary to identify a person subject to readmission or transit, or to study the existence of conditions that, in accordance with this Agreement, are the basis for readmission or transit, ensuring the readmission or transit of a person, including data on his health status, if this is in his interests or in the interests of public health; 4) personal data must be accurate and, where necessary, updated; 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 means notifying the other Contracting 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 only be transferred to the competent authorities. Their subsequent transfer to other authorities requires the prior written 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; 10) The Contracting Parties effectively protect personal data from unauthorized access, modification, or publication, and the person whose data is being transmitted has the right to request and receive information about transferred data in accordance with the national legislation of the Requested Party's State.

Section 6 EXECUTION AND APPLICATION

Article 13 Executive provisions

The Ministry of Internal Affairs of the Republic of Kazakhstan and the Ministry of Internal Affairs of the Czech Republic will conclude a Protocol for the implementation of this Agreement, which in particular contains the following: 1) documents and other evidence in accordance with Article 6 of this Agreement, 2) standard forms of applications for readmission and transit in accordance with Articles 5 and 10 of this Agreement, 3) competent authorities responsible for the implementation of this Agreement, including ways of interaction, 4) airports and other border crossing points of the States of the Contracting Parties that will be used for the implementation of this Agreement, 5) a detailed description of the costs in accordance with Article 11 of this Agreement and the procedure for their reimbursement.

SECTION 7 FINAL PROVISIONS

Article 14 Relationship with other international obligations

This Agreement does not affect the rights and obligations of the States of the Contracting Parties arising from other international treaties to which they are parties.

Article 15 Dispute resolution

Possible disputes regarding the interpretation or implementation of the provisions of this Agreement will be resolved through negotiations and consultations between the Contracting Parties.

Article 16 Amendments to the Agreement

The Contracting Parties may, by mutual agreement, make amendments and additions to this Agreement, which are its integral parts, which are formalized by protocols and enter into force in accordance with the procedure provided for in Article 17 of this Agreement.

Article 17 Entry into force, duration and termination of this Agreement

1. This Agreement shall enter into force on the first day of the second month following the date of receipt through diplomatic channels of the last written notification by the Contracting Parties of the completion of the internal procedures necessary for its entry into force. 2. The provisions of Article 3 of this Agreement shall apply after 18 months from the date specified in paragraph 1 of this Article. During this 18-month period, they apply only to stateless persons and third-country nationals who have a valid residence permit in the State of the Contracting Party or third-country nationals with States with which the Contracting Parties have concluded readmission agreements. 3. This Agreement is concluded for an indefinite period. 4. This Agreement shall remain in force until the expiration of 6 months from the date on which one Contracting Party receives, through diplomatic channels, a written notification from the other Contracting Party of its intention to terminate this Agreement.

Done in Prague on February 23, 2011, in two originals, each in the Kazakh, Czech, Russian and English languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Contracting Parties will refer to the English text.

For the Government For the Government of the Republic of Kazakhstan of the Czech Republic

RCPI's note! The text of the Agreement in Czech and English is attached.

President

Republic of Kazakhstan

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