On the ratification of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Illegal Migration

Home / RLA / On the ratification of the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in Combating Illegal Migration

The Law of the Republic of Kazakhstan dated December 13, 2000 No. 112-II

To ratify Agreement on Cooperation of the member States of the Commonwealth of Independent States in Combating Illegal Migration, signed in Moscow on March 6, 1998.

President  Republic of Kazakhstan

Agreement on Cooperation between the Member States of the Commonwealth Independent States in the fight against illegal migration

Signed: Republic of Azerbaijan, Republic of Armenia, Republic of Belarus, Republic of Kazakhstan, Kyrgyz Republic, Republic of Moldova, Russian Federation, Republic of Tajikistan, Ukraine

The instruments of ratification have been handed over:

Republic of Belarus - deposited on December 17, 1998; Republic of Tajikistan - deposited on June 14, 1999; Republic of Armenia - deposited on August 13, 1999; Ukraine - deposited on September 14, 1999; Russian Federation - deposited on August 24, 2000; Republic of Kazakhstan - deposited on February 20, 2001; Republic of Moldova - deposited on June 28, 2002; The Kyrgyz Republic was deposited on October 30, 2003.

Notifications have been submitted:

Republic of Azerbaijan - deposited on January 13, 1999 (on the adoption by the Parliament of the Law signed by the President on the approval of the Agreement).

The Agreement entered into force on June 14, 1999.

Entered into force for the States:

Republic of Belarus - June 14, 1999; Republic of Azerbaijan - June 14, 1999; Republic of Tajikistan - June 14, 1999; Republic of Armenia - August 13, 1999; Ukraine - September 14, 1999; Russian Federation - August 24, 2000; Republic of Kazakhstan - February 20, 2001; Republic of Moldova - June 28, 2002; Kyrgyz Republic - October 30, 2003

The States Parties to this Agreement, represented by their Governments, hereinafter referred to as - The Parties, based on the norms of international law and national legislation of the Parties, noting that illegal migration, posing a threat to public and national security, economic stability, contributes to the complication of the criminal situation in the territories of the Parties, considering the priority task of ensuring the rights and legitimate interests of their citizens, Considering cooperation in combating illegal migration as one of the important areas of regulating migration processes in the territories of the Parties and in order to implement joint measures to prevent illegal migration, seeking to provide a legal basis for cooperation between the Parties in combating illegal migration, agreed as follows:

Article 1 The terms used in this Agreement have the following meanings: "illegal migrants" - citizens of third countries and stateless persons who have violated the rules of entry, exit, stay or transit through the territories of the Parties, as well as citizens of the Parties who have violated the rules of stay in the territory of one of the Parties established by its national legislation; "third States" - states that are not parties to this Agreement.; "State of departure" - the State of nationality of an illegal migrant (for stateless persons - the State of his habitual residence) or the State from whose territory the illegal migrant arrived; "state of entry" - the State into whose territory the illegal migrant arrived.

Article 2 The Agreement does not apply to persons who have arrived in the territory of one of the Parties in order to obtain asylum or refugee status, if their applications for such status have been submitted to the relevant authorities of the State of entry in accordance with the procedure provided for by its legislation.

Article 3 The entry of third-country nationals, stateless persons and citizens of the Parties into the territory of one of the Parties is possible provided that they comply with the requirements of its national legislation on the rules of entry, exit, stay and transit, as well as international treaties to which it is a party. Persons recognized as refugees or granted asylum in the territory of one Party shall enter the territories of the other Parties in accordance with part one of this Article.

Article 4 The parties cooperate in the field of combating illegal migration in the following main areas:: migration control; registration of third-country nationals, stateless persons and citizens of the Parties illegally crossing the borders of States illegally staying in the territories of the Parties, as well as persons who are prohibited from entering the territory of one of the Parties; development of a mechanism for the deportation of illegal migrants; harmonization of the national legislation of the Parties in the field of responsibility for illegal migrants and for all categories of persons facilitating illegal migration; exchange of information on illegal migration; training and advanced training of employees of the relevant authorities of the Parties involved in combating illegal migration.

Article 5 Illegal migrants identified on the territory of one of the Parties are subject to deportation to the State of departure in accordance with the legislation of the State of entry, unless otherwise provided by international treaties. If illegal migrants have arrived on the territory of one Party from the territory of the other Party, they, if there is appropriate evidence of this, are subject to transfer to the latter. At the same time, the transfer of illegal migrants is carried out in accordance with separate agreements of the Parties in this area.

Article 6 The parties will exchange information: on national legislation in the field of migration, as well as on changes in it; on samples of identity documents and entitlements to cross the state border, changes in forms and requirements for documents for entry, stay and exit from the territories of the Parties; on identified channels of illegal migration, including obtaining entry visas, other documents and their use, as well as other issues related to the implementation of this Agreement; about all entry-exit and migration agreements with third countries.

Article 7 After signing this Agreement, the Parties will, within six months, develop a Provision on a common database on illegal migrants and persons whose entry into the States Parties to this Agreement is prohibited in accordance with the current national legislation of the Parties, as well as determine the procedure for exchanging information on illegal migration in accordance with Articles 4 and 6 of this Agreement.

Article 8 All issues related to the implementation or interpretation of this Agreement are resolved through consultations and negotiations between the Parties concerned. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized in the form of protocols and are an integral part of this Agreement.

Article 9 This Agreement is subject to ratification in accordance with the national legislation of the Parties and shall enter into force on the date of deposit of the third instrument of ratification with the depositary. For the Parties that have ratified it later, it shall enter into force on the day they deposit their instruments of ratification with the depositary.

Article 10 The provisions of this Agreement do not affect the obligations assumed by the Parties in accordance with other international treaties.

Article 11 Each of the Parties, no later than one month from the date of entry into force of this Agreement for it, will determine the list of authorized bodies responsible for its implementation and inform the depositary about it.

 Article 12 This Agreement is open for accession by the member States of the Commonwealth of Independent States sharing its provisions, with the consent of all Parties by submitting documents on such accession to the depositary. The accession is considered to have entered into force from the date of receipt by the depositary of the last notification of consent to such accession.

 Article 13 This Agreement is valid for five years from the date of entry into force, and then automatically renewed each time for a subsequent five-year period. Each Party may withdraw from this Agreement by sending a written notification to the depositary no later than 6 months prior to withdrawal.

Done in Moscow on March 6, 1998, in one original copy in the Russian language. The original copy is kept at the Executive Secretariat of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Government For the Government Azerbaijan Republic of the Republic of Moldova

For the Government For the Government of the Republic of Armenia Of the Russian Federation

For the Government For the Government of the Republic of Belarus of the Republic of Tajikistan

For the Government For the Government of Georgia Turkmenistan

For the Government For the Government of the Republic of Kazakhstan of the Republic of Uzbekistan

For the Government For the Government Of the Kyrgyz Republic Of Ukraine

Special opinion of the Republic of Azerbaijan on Agreement on Cooperation between the Participating States The Commonwealth of Independent States in the fight against illegal migration

The Republic of Azerbaijan, generally supporting this Agreement, will participate fully in the adoption of the national Law on Migration, which is under consideration by the Milli Majlis (Parliament) of the Republic. At the same time, it does not assume obligations under paragraph 5 of Article 4 and paragraph 5 of Article 6.

The Prime Minister The Republic of Azerbaijan

Reservation by Ukraine on item III-5 of the agenda of the meeting of the Council of Heads of Government of the CIS member States

"On the Agreement on Cooperation of the Member States of the Commonwealth of Independent States in combating illegal migration"

March 6, 1998

Compliance with the rules of entry and exit also applies to citizens of the Parties (paragraph 2 of Article 1).

The Prime Minister Of Ukraine

President

Republic of Kazakhstan

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