On the ratification of the Agreement on Mutual Legal Assistance in Administrative Matters in the Field of Personal Data Exchange

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The Law of the Republic of Kazakhstan dated April 1, 2022 No. 113-VII SAM.

To ratify the Agreement on Mutual Legal Assistance in Administrative Matters in the Field of Personal Data Exchange, signed on December 18, 2020.

President of the Republic of Kazakhstan

K. TOKAEV

Agreement on Mutual Legal Assistance in Administrative Matters in the Field of Personal Data Exchange

Officially certified text

The Member States of the Commonwealth of Independent States, hereinafter referred to as the Parties,

Based on respect for sovereignty, legality, equality and mutual benefit, as well as respect for human rights and fundamental freedoms,

guided by generally recognized principles and norms of international law,

based on the provisions of international treaties to which the Parties are parties,

Desiring to ensure more effective cooperation between the Parties,

Considering that the establishment of a system for mutual legal assistance in administrative matters in the field of personal data exchange through the conclusion of this Agreement will contribute to achieving this goal.,

have agreed on the following:

Article 1 Terms and definitions

For the purposes of this Agreement, the following terms and definitions are used:

Requesting Party - The Party requesting legal assistance in administrative matters in the field of personal data exchange;

requested Party - The Party to which the requesting Party applies with a request for legal assistance in administrative matters in the field of personal data exchange;

personal data is any information directly or indirectly related to an individual, either identified or who can be identified.;

authorized bodies - public authorities The Parties authorized to resolve issues related to the implementation of this Agreement.

Article 2 Obligations to provide mutual legal assistance

1. Each of the Parties, at the request of the other Party, provides mutual legal assistance on administrative matters in the field of personal data exchange (hereinafter referred to as legal assistance) in accordance with national legislation and the provisions of this Agreement.

2. The provisions of this Agreement do not give rise to any natural or legal persons the right to receive information to be transmitted under this Agreement.

3. This Agreement does not grant the right of one of the Parties to exercise powers in the territory of the other Party that are exclusively within the competence of the authorities of this Party.

Article 3 Subject of the request for legal assistance

The subject of the request for legal assistance (hereinafter referred to as the request) is the following personal data:

a) on the existence (absence) of the nationality of the Parties to this Agreement;

b) the availability of documents granting the right to permanent (temporary) stay (residence) in the territories of the Parties to this Agreement;

c) on migration registration or registration at the place of residence (place of stay) of citizens of the Parties, third-country nationals and stateless persons;

d) on the issuance of visas granting the right to enter the territories of the Parties to this Agreement;

e) on immovable property registered in the name of the personal data subject in the territories of the Parties to this Agreement;

f) about the property obligations held by the personal data subject in the territories of the Parties to this Agreement;

g) bringing the subject of personal data to criminal or administrative responsibility in the territories of the Parties to this Agreement;

h) about identity documents.

Article 4 Interaction of the Parties

1. The Parties shall cooperate through authorized bodies within the framework of this Agreement.

2. The authorized bodies of the Parties directly send and receive the requests provided for in this Agreement and the responses to them.

Article 5 Form and content of the request

1. The request must be made in writing.

2. The request contains:

a) the name of the authorized body on whose initiative the request was sent;

b) the purpose of the request and the description of the requested legal assistance;

c) data identifying the personal data subject (surname, first name (patronymic), nationality, information about the place of residence (or place of stay), date and place of birth) in respect of which the request is sent;

d) if necessary, a description of the special procedure for executing the request and justification of this need;

e) a description of any specific procedures that the requesting Party requests to be applied in the execution of the request, and the basis for this;

f) if necessary and possible, a description of the requested information, documents or references;

g) confidentiality requirements, if any, and the basis for this.

3. If the requested Party considers that the information provided in the request is insufficient for its execution, it may request additional information.

4. The request must be signed and certified with the official seal of the authorized body of the requesting Party.

Article 6 Execution of requests

1. Requests are executed in accordance with the national legislation of the requested Party and the provisions of this Agreement.

2. The authorized body of the requested Party shall provide a response within a period not exceeding two months from the date of receipt of such request.

3. If it is impossible to execute the request in whole or in part, or the execution of the request is significantly delayed, the authorized body of the requested Party shall inform the authorized body of the requesting Party about this, as well as about the reasons preventing the execution of the request, or the delay in execution.

4. In some cases, the authorized bodies of the Parties may agree on a different procedure for executing requests.

Article 7 Form and content of the response to the request

1. The response to the request must be in writing.

2. The content of the response to the request is formatted as:

a) information provided in the response to the request itself;

b) documents (originals or copies certified by the authorized body of the requested Party) attached to the response to the request and disclosing the personal data that are the subject of the request.

Article 8 Refusal to provide legal assistance

1. Legal assistance may be refused if:

a) the requested Party believes that the execution of the request may harm the sovereignty, security, public order or other essential interests of the Party;

b) the requested Party believes that the request is submitted for the purpose of persecuting a person on the basis of race, gender, religion, nationality, ethnic origin, membership in a particular social group or political beliefs, or the position of this person may be harmed for any of these reasons.;

c) the request does not comply with the terms of this Agreement.

2. Before making a decision to refuse to execute a request, the requested Party considers whether legal assistance can be provided on the terms it deems necessary. If the requesting Party accepts legal assistance under such conditions, it undertakes to comply with them.

3. The requested Party shall immediately notify the requesting Party of its decision not to comply with the request in whole or in part and indicate the grounds for such decision.

Article 9 Validity of documents

1. Documents submitted under this Agreement and certified by the official seal of the authorized body of the sending Party are accepted without their legalization or other form of certification.

At the request of the requesting Party, documents sent under this Agreement may be certified in another way specified in the request, if this does not contradict the legislation of the requested Party.

2. For the purposes of this Agreement, documents that are official in the territory of one of the Parties are recognized as such in the territory of the other Party.

Article 10 Confidentiality and restrictions on the use of information

1. The requested Party shall ensure confidentiality regarding the fact of receipt of the request, its contents or any action taken in connection with the request, except in cases where a violation of confidentiality is necessary for the execution of the request.

If the requested Party is unable to comply with the confidentiality conditions, it shall notify the requesting Party before making the above information public.

2. The requesting Party shall not use the personal data obtained on the basis of this Agreement for purposes other than those specified in the request without the prior permission of the requested Party.

3. If the requesting Party needs to make public and/or to use all or part of the personal data for purposes other than those specified in the request, she requests the permission of the requested Party, which may be granted or may be refused in whole or in part.

4. The requesting Party shall not transfer personal data received from the latter to third States, organizations and persons without the permission of the requested Party.

5. The Parties shall ensure the protection of information about an individual from unlawful or accidental access to it, destruction, modification, blocking, copying, provision or distribution, as well as from other unlawful actions with respect to such information.

Article 11 Return of documents to the requested Party

At the request of the requested Party, the requesting Party returns the documents provided in accordance with this Agreement, if they are no longer required by it.

Article 12 Expenses

The Parties shall independently bear the costs incurred during the implementation of this Agreement, unless a different procedure is agreed in each specific case.

Article 13 Language

The documents sent by the Parties under this Agreement shall be drawn up in Russian.

Article 14 Relation to other international treaties

This Agreement does not affect the rights and obligations of each of the Parties arising for it from other international treaties to which it is a party.

Article 15 Making changes and additions

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it, which are formalized by the relevant protocol.

Article 16 Controversial issues

Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultations and negotiations between the Parties concerned.

Article 17 Procedure for entry into force

1. This Agreement shall enter into force 30 days after the date of receipt by the depositary of the third notification that the Signatories have completed the internal procedures necessary for its entry into force.

2. For the Parties that have completed the internal procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

3. When notifying the depositary that they have completed the internal procedures necessary for the entry into force of this Agreement, the Parties shall inform about their identification of the authorized bodies responsible for the implementation of this Agreement. The Parties shall notify the depositary in writing of the change in the authorized body within 30 days.

Article 18 Accession

After its entry into force, this Agreement is open for accession by any member State of the Commonwealth of Independent States by submitting an instrument of accession to the depositary. For the acceding State, the Agreement shall enter into force 30 days after the date of receipt by the depositary of the instrument of accession.

Article 19 Period of validity

This Agreement is concluded for an indefinite period. Each of the Parties has the right to withdraw from this Agreement by sending a written notification to the depositary of its intention no later than 6 months before the withdrawal and settling the obligations that have arisen during the validity of this Agreement.

Done on December 18, 2020, in one original copy in Russian. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Republic of Azerbaijan

______________

For the Russian Federation

Vladimir Putin

For the Republic of Armenia

For the Republic of Tajikistan

For the Republic of Belarus

For Turkmenistan

For the Republic of Kazakhstan

K.-J. Tokaev

For the Republic of Uzbekistan

_________________

For the Kyrgyz Republic

T. Mamytov

For Ukraine

For the Republic of Moldova

I hereby certify that the attached text is an authentic copy of the Agreement on Mutual Legal Assistance in Administrative Matters in the field of Personal Data Exchange, drawn up as a result of signing by the heads of delegations of the CIS member States who participated in the meeting of the Council of Heads of State of the Commonwealth of Independent States on December 18, 2020 using videoconference. Copies of the above-mentioned Agreement with the original signatures are kept in the Executive Committee of the Commonwealth of Independent States.

First Deputy Chairman

The Executive Committee –

CIS Executive Secretary

V. A. Guminsky

President

Republic of Kazakhstan

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