On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on cooperation in the field of migration

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The Law of the Republic of Kazakhstan dated January 25, 2019 No. 220-VI SAM.

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on cooperation in the field of migration, signed in Astana on March 14, 2018.

President Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on cooperation in the field of migration

(Entered into force on February 22, 2019, Bulletin of International Treaties of the Republic of Kazakhstan, 2019, No. 2, Article 19)

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

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

Striving to create a legal framework for bilateral cooperation between the Parties in the field of migration,

Desiring to deepen relations through partnership in the field of migration in order to further develop cooperation between the two countries,

based on the norms of international law and the national legislation of the States of the Parties,

have agreed on the following:

Article 1

Within the framework of this Agreement, the Parties shall cooperate in the field of migration, protection of the rights of citizens of the State of one Party located on the territory of the State of the other Party, including information interaction, in accordance with national legislation and international obligations of their states.

The Parties, within the framework of their national legislations and international treaties, promote cooperation between government agencies and business entities in the field of attracting labor resources in the territory of the States of the Parties.

Article 2

The competent authorities of the States of the Parties responsible for the implementation of this Agreement (hereinafter referred to as the Competent Authorities) are:

from the Republic of Kazakhstan - the Ministry of Internal Affairs of the Republic of Kazakhstan and the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan;

from the Republic of Tajikistan - the Ministry of Internal Affairs of the Republic of Tajikistan and the Ministry of Labor, Migration and Employment of the Republic of Tajikistan.

In cases where the names of competent authorities are changed or some State bodies are replaced by others, the relevant Party informs the other Party about this through diplomatic channels, after which the Parties make appropriate amendments and additions to the text of Article 2 of the Agreement.

Article 3

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

1) exchange of statistical, legal, scientific and methodological information;

2) exchange of information about citizens of the States of the Parties located in the territories of the States of the Parties;

3) exchange of experience and provision of practical assistance on issues arising in the process of cooperation;

4) protection of the rights of citizens of the States of the Parties, including the rights of residence of their family members during the period of validity of the permits issued to them for residence;

5) consideration of issues of the legal status of persons who have grounds for stay (residence) in the territories of the States of the Parties.

2. This Agreement does not prevent the Parties from developing and developing other mutually acceptable areas of cooperation.

Article 4

If necessary and by mutual agreement, the Parties shall exchange information and information.:

1) about the revealed violations of migration legislation and channels of illegal migration;

2) legal entities operating in the territories of the States of the Parties, as well as individuals involved in the organization and implementation of illegal migration;

3) on the methods of obtaining entry visas and other documents and their use for illegal migration purposes;

4) on the migration legislation of the States of the Parties, including the regulation of migration processes, the procedure for granting asylum and citizenship, the organization of the fight against illegal migration, as well as changes in these areas of legislation;

5) on practices and measures aimed at preventing illegal migration;

6) on methods of regulating external migration.

Article 5

1. In order to counteract illegal migration and ensure the rights of citizens of their States, the Parties exchange information about citizens of the States of the Parties in the following categories::

1) information on registration (registration) at the place of stay (residence) of citizens of the states of the Parties;

2) information about citizens of the States of the Parties who have received temporary and permanent residence permits, as well as the right to work in the territory of the States of the Parties;

3) information about citizens of the state of one Party who have been accepted or restored to the citizenship of the State of the other Party, as well as belonging to the citizenship of one of the Parties;

4) information on identity documents received by citizens of the States of the Parties.

2. The Parties shall exchange information on the existence and grounds for restrictions on entry into (or exit from) the territory of the States of the Parties, as well as on persons being expelled from the territory of the States of the Parties.

Article 6

In order to identify, identify and determine the legal status of the persons referred to in Article 5 of this Agreement, the Parties may exchange the following personal data:

1) last name, first name, patronymic (in Russian and Latin spelling);

2) gender;

3) date of birth;

4) place of birth;

5) Citizenship;

6) the series, number, date of issue, the authority that issued the document for travel abroad, or the identity document for residence in the territory of the states of the Parties;

7) on bringing to administrative responsibility;

8) on bringing to criminal responsibility;

9) on registration (registration) at the place of stay (residence) in the territory of the states of the Parties;

10) on the availability of temporary and permanent residence permits, as well as the right to work in the territory of the States of the Parties;

11) on the facts of non-authorization of entry into the territories of the States of the Parties or restrictions on exit from the territory of the States of the Parties, indicating their deadlines;

12) photographic images;

13) Fingerprint card (if available).

Article 7

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

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

2) creation of working groups and exchange of experts on issues arising in the process of cooperation;

3) holding scientific and practical conferences, seminars and other forms of cooperation that require joint action;

4) familiarization with the work of territorial bodies, subordinate organizations and institutions of the competent states of the Parties;

5) implementation of joint projects with the participation of international organizations.

Article 8

1. Cooperation under this Agreement is carried out on the basis of requests from the interested Party for assistance (hereinafter referred to as the request).

2. Each Party may also send the other Party the information it has on migration issues without a request, if there is reason to believe that such information is of interest to the other Party.

Article 9

1. The request and the response to the request shall be sent in writing, including using technical means of text transmission. In order to implement this Agreement, the parties may organize interaction using secure electronic means of communication.

2. The request must contain:

name of the requesting and requested authority;

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

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

3. The request is signed by the head (his deputy) of the competent authority of the States of the Parties or a person authorized by him, who are the coordinators for the execution of requests. The Parties shall exchange lists of persons authorized to sign requests, as well as sample forms, within 45 days after the entry into force of this Agreement.

4. In the event of a change in the lists of persons authorized to sign requests or forms specified in paragraph 3 of this Article, the Parties shall immediately notify each other of this.

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

Article 10

1. The requested Party shall take all necessary measures to ensure the prompt and complete execution of the request.

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

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

4. If the requested Party considers that the execution of the request may interfere with criminal prosecution or other proceedings carried out on the territory of its State, it has the right to postpone the execution of the request or to bind its execution to compliance with conditions determined by it.

5. The requested Party shall inform the requesting Party as soon as possible of the results of the execution of the request. The deadline for executing the request should not exceed 30 calendar days from the date of its receipt.

6. The execution of the request is refused in whole or in part if the requested Party believes that the execution of the request may harm sovereignty, security, public order, other essential interests or contradict the national legislation or international obligations of its State.

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

Article 11

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

2. If it is impossible to execute the request without confidentiality, the requested Party informs the requesting Party, which decides whether to execute the request under such conditions.

3. The results of the execution of the request received on the basis of this Agreement, without the consent of the Party providing them, may not be used for purposes other than those for which they were requested and provided.

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

5. The Parties, guided by the national legislation and international obligations of each of the States of the Parties, shall implement the necessary organizational and technical measures aimed at protecting information obtained under this Agreement from accidental or unlawful destruction, modification or dissemination, as well as from any other unauthorized access or use.

6. Information received under this Agreement shall not be stored for longer than required by the purposes for which it was transmitted. The information must be destroyed in accordance with the legal acts of each of the States of the Parties.

Article 12

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

Article 13

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

Article 14

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

Article 15

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

Article 16

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

Article 17

This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last of the written notifications on the completion by the Parties of the internal procedures necessary for its entry into force. Each of the Parties may terminate this Agreement by sending a written notification to the other Party through diplomatic channels of its intention to terminate it. In this case, this Agreement shall terminate upon the expiration of 6 months from the date of receipt by one Party of such notification from the other Party.

Done in Astana on March 14, 2018, in two copies, each in the Kazakh, Tajik and Russian languages, all texts being equally authentic. In case of a discrepancy between the texts, the Parties refer to the text in Russian.

For the Government of the Republic of Kazakhstan

For the Government of the Republic of Tajikistan

President

Republic of Kazakhstan

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