On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Latvia on the Readmission of Persons

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Latvia on the Readmission of Persons

The Law of the Republic of Kazakhstan dated November 24, 2015 No. 420-V SAM

To ratify Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Latvia on the readmission of persons, signed in Riga on September 16, 2011.

President of the Republic of Kazakhstan N. NAZARBAYEV

Agreement between the Government of the Republic of Kazakhstan and By the Government of the Republic of Latvia on the readmission of persons

Entered into force on February 4, 2016 - Bulletin of International Treaties of the Republic of Kazakhstan 2016, No. 1, art.

The Government of the Republic of Kazakhstan and the Government of the Republic of Latvia, hereinafter referred to as the Parties, being guided by the desire to contribute to the prevention of illegal cross-border migration and to counteract it, striving on a mutually beneficial basis and in a spirit of cooperation to facilitate the return reception of persons who have illegally entered the territory of the State of one of the Parties or illegally staying in the territory of the State of this Party, taking into account The Universal Declaration of Human Rights, Adopted by the United Nations General Assembly on December 10, 1948. have agreed on the following:

Article 1 Definitions

Definitions used in this Agreement: "Requesting Party" means the Party requesting the readmission or transit of a person in accordance with the provisions of this Agreement. "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. "Readmission" is the return by the competent authority of the Requesting Party and the acceptance by the competent authority of the Requested Party of persons (citizens of the Requested Party (in relation to the Republic of Latvia - also not citizens of the Republic of Latvia), citizens of third countries or stateless persons) who illegally entered, stay or reside in the territory of the Requesting Party. "Readmission request" is a request by which the Requesting Party requests the Requested Party to take back a person to the territory of its State. "Transit request" is a request by which the Requesting Party requests the Requested Party to allow the transit of third-country nationals and stateless persons through the territory of its State. "Response to a request" is a statement by which the Requested Party responds to a request for readmission or transit. "Citizen of a third country" is a person who is not a citizen of the Republic of Kazakhstan and a citizen or non-citizen of the Republic of Latvia. "Stateless person" is a person who is not a citizen of the Republic of Kazakhstan and a citizen or non-citizen of the Republic of Latvia and who does not have proof of citizenship of another state. "Visa" is a valid permit issued by the competent authorities of the Parties for single or multiple entry and stay in the territory of their states for a certain period of time in accordance with the national laws of the States of the Parties, except for a transit visa. "Residence permit" is a valid permit issued by the competent authorities of the Parties, granting a person the right to stay in the territory of her State. A residence permit is not a visa, nor does it provide an opportunity to stay in the territory of the State of this Party during the consideration of an application for asylum or during the procedure for the deportation of a person from the territory of its State. "Competent authorities" - the authorities of the States of the Parties responsible for the implementation of this Agreement.

Article 2 Return admission of own citizens

1. Upon receipt of a readmission request from the Requesting Party under this Agreement, the Requested Party shall receive in its territory any person who fails or ceases to comply with the conditions of entry, stay or residence in the territory of the Requesting Party's State, if it is established in accordance with this Agreement that this person is a national of the Requested Party's State. 2. The provisions of paragraph 1 of this article shall also apply to persons who, after entering the territory of the State of the Requesting Party, have lost or renounced the nationality of the State of the Requested Party and have not acquired the nationality of the State of the Requesting Party or a third State. 3. Upon receiving a positive response to the readmission request, the diplomatic mission or consular office of the Requested Party issues a travel document free of charge, valid for at least thirty (30) days, to the person being accepted who does not have a valid travel document. The travel document is issued within three (3) business days. If for any reason the person cannot be transferred during the validity period of the travel document, the competent diplomatic mission or consular institution of the Requested Party shall immediately issue a new travel document with the same validity period.

Article 3 Readmission of third-country nationals and stateless persons

1. Upon receiving a readmission request, the Requested Party, within the framework of this Agreement, shall take back any citizen of a third State or a stateless person who has entered the territory of the Requesting Party's State illegally, if it is established that such person entered directly from the territory of the Requested Party's State or he does not fulfill or ceases to fulfill the conditions of entry, stay or residence in the territory of the Requesting Party's State. 2. The provisions of paragraph 1 of this article shall not apply to third-country nationals and stateless persons if the Requesting Party has issued a visa or residence permit to a third-country national or stateless person before or after entering the territory of its State, except in the following cases: a) the person has a visa or residence permit issued by the Requested Party. Have a longer validity period; or b) the visa or residence permit issued by the Requested Party was obtained using forged documents. 3. The readmission obligation, in accordance with this article and Article 4 of this Agreement, does not apply to: a) third-country nationals and stateless persons whose return has not been requested by the competent authorities of the Parties within one (1) year from the date on which the competent authorities have clarified the fact of illegal entry or stay; b) third-country nationals and stateless persons, if the Requesting Party shares a common border with the State of nationality (origin) of these persons; (c) Third-country nationals or stateless persons who were exclusively in the transit area of an international airport in the territory of the Requested Party's State. 4. After receiving a positive response to the readmission request, the Requesting Party issues to the person to be returned an exit document recognized by the Requested Party, valid for at least 30 (thirty) days.

Article 4 Simplified procedure for the readmission of persons

Without prejudice to the provisions of articles 2 and 3 of this Agreement, a readmission request is not required for persons holding a valid national passport, valid visa or residence permit issued by the State that is to accept it, but the competent authorities of the Parties shall notify each other of the date of departure of such person no later than seventy-two days in advance. (72) hours before departure.

Article 5 Interview

If none of the documents listed in the Protocol on the Implementation of this Agreement can be submitted, the competent diplomatic mission or consular institution of the Requested Party, upon request, shall arrange with the competent authorities of the Requesting Party to conduct, without undue delay, an interview with the person to be readmitted in order to establish his nationality. The procedure for conducting such interviews is determined by the Protocol on the Procedure for Implementing this Agreement, provided for in Article 13 of this Agreement.

Article 6 Time limits for execution

1. The requested Party shall respond to the readmission request no later than fourteen (14) business days from the date of its receipt. If there are circumstances of a legal or factual nature that prevent a timely response to a readmission request, the response period is extended to thirty (30) calendar days by notifying the Requesting Party in advance. 2. Upon receipt of the response from the Requested Party, the transfer of persons is carried out no later than within thirty (30) calendar days. If there are obstacles of a legal or other nature related to the transfer of persons, this period may be extended on the basis of a reasoned request, but only until these obstacles are eliminated. 3. If, after the expiration of the time limits specified in paragraph 1 of this Article, the response to the request for re-admission has not been received, the issue of re-admission of the person is considered agreed.

Article 7 Refund of persons transferred by mistake

1. The Requesting Party shall take back third-country nationals and stateless persons under this Agreement if, within thirty (30) calendar days after the transfer of the person, the Requested Party finds out that at the time of the transfer of the person, the conditions specified in paragraphs 1 and 3 of Article 3 of this Agreement were absent. 2. In the case provided for in paragraph 1 of this Article, the Requested Party, together with the returned person, shall transmit all available information about the identity and nationality of the person to be transferred to the Requesting Party, as well as the original documents that were transferred with the person during the readmission.

Article 8 General principles of transit travel for third-country nationals and stateless persons

1. The requesting Party shall transit through the territory of the Requested Party only in cases where third-country nationals and stateless persons cannot be returned directly to the destination State. 2. Upon receipt of a transit request and within the framework of this Agreement, the Requested Party shall permit transit through the territory of its State by air or land of third-country nationals and stateless persons who are deported by the Requesting Party for the purpose of their readmission to a third State, and who are guaranteed return reception and passage through the territory of all subsequent States. transit to the destination State. 3. A transit request cannot be submitted, and transit may be refused if there are compelling reasons to believe that: a) a citizen of a third country or a stateless person may be at risk of death, torture, humiliation or the threat of persecution in the State that is the final destination, and/or in any of the transit States because of race, religion, nationality, membership in a social group or political association; b) a citizen of a third State or a stateless person may be charged with committing a crime (other than illegal border crossing) or convicted in the State that is the final destination, or in any of the transit States; c) the transit of a citizen of a third State or a stateless person poses a threat to state or public security, public order and public health or international relations of the Requested Party; d) transit is technically impossible.

Article 9 Transit procedure for third-country nationals and stateless persons

1. The competent authority of the Requesting Party shall send a transit request to the competent authority of the Requested Party no later than five (5) business days prior to the scheduled transit. 2. The competent authority of the Requested Party shall send to the competent authority of the Requesting Party a response to the transit request no later than three (3) business days prior to the scheduled transit. The competent authorities of the Parties shall coordinate the time, place and method of transit. 3. The requested Party has the right to require the presence of a representative of the competent authorities of the other Party as an accompanying person during transit. 4. If the Requested Party, subject to the conditions referred to in paragraph 3 of Article 8 of this Agreement, refuses the transit request, it shall inform the Requesting Party in writing of the reasons for the refusal. 5. The requesting Party shall ensure that all valid documents required for travel, other necessary permits and valid tickets are available for the delivery of the person to the State of final destination and for travel through transit States. 6. The requesting Party is responsible for the transit of third-country nationals and stateless persons to the territory of the State that is the final destination, and accepts them back in cases where entry into a third State, as well as transit through the territories of other States, is not permitted or when for any reason their further passage is impossible.

Article 10 Expenses

1. Transportation costs related to the implementation of the provisions of Articles 2, 3 and 4 of this Agreement to the border of the Requested Party's State shall be paid by the Requesting Party in accordance with the provisions of the national legislation of its State. 2. The costs of transit travel in accordance with Article 8 of this Agreement to the border of the State of final destination and, if necessary, the costs of return shall be borne by the Requesting Party. 3. The Requested Party shall bear the transportation costs associated with the return of a person who was mistaken in accordance with Article 7 of this Agreement.

Article 11 Exchange of information

The Parties exchange information, including personal data, in order to fulfill this Agreement.

Article 12 Protection of personal data

1. Personal data (hereinafter referred to as data) exchanged between the Parties pursuant to this Agreement is used for the purposes and only in accordance with the provisions established by the Party transmitting the data. 2. After the request of the Party that transmitted the data, the receiving Party provides information about the use of the transmitted data and the results achieved. 3. The data is transmitted only to those institutions that are responsible for the implementation of this Agreement. In order to transfer any data to any other institution, it is necessary to obtain written permission from the Party that transferred the data. 4. The Party transmitting the data is responsible for its completeness and authenticity. If erroneous data or data that should not have been transmitted has been transmitted, the transmitting Party shall immediately inform the receiving Party about this, and the latter shall correct or destroy this data. 5. The person whose data is transferred to the other Party in accordance with the national legislation of the State of the transferring Party is informed, upon his request, about such data and their planned use. In the interests of national security and public order of the States of the Parties, the issuance of such information may be refused. 6. The Parties, in accordance with the national laws of their States, set deadlines for the destruction of data. Such time limits may not exceed the expiration date of the need to use the data for the purposes of implementing this Agreement. 7. The Parties keep records of the transfer, receipt and destruction of data. 8. The Parties shall protect the transmitted data from unauthorized access to it by unauthorized persons, and shall not have the right to modify or publish them.

Article 13 Implementation of this Agreement

The Ministries of Internal Affairs of the States of the Parties conclude a Protocol on the procedure for the implementation of this Agreement, which defines: (a) Documents on the basis of which the nationality/affiliation of the person can be determined or assumed; (b) Competent authorities and the method of information exchange; (c) The procedure for implementing this Agreement, data and documents necessary for transfer, reception and transit, as well as for determining the nationality of the person; (d) evidence of the illegal entry of the person; (e) procedure and procedure for covering expenses; (f) State border crossing points for the return and transit of persons.

Article 14 Relation to other international treaties

1. This Agreement does not affect the rights and obligations of the Parties under other international treaties to which their States are parties. 2. The provisions of this Agreement shall not apply in cases of extradition within the framework of legal assistance between the States of the Parties. 3. This Agreement does not affect The Convention relating to the Status of Refugees, adopted on July 28, 1951 in Geneva, and Protocol adopted on January 31, 1967 in New York.

Article 15 Controversial issues

Disputes between the Parties that may arise in connection with the interpretation or application of this Agreement shall be resolved through consultations between the competent authorities of the Parties or through diplomatic channels.

Article 16 Amendments and additions

By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of this Agreement, which are formalized in separate protocols.

Article 17 Method of communication

During the implementation of this Agreement, the Parties use Russian or English in oral and written communication.

Article 18 Entry into force, duration, suspension and termination of this Agreement

1. This Agreement shall be concluded for an indefinite period and shall enter into force upon the expiration of thirty (30) days from the date of receipt through diplomatic channels of the last written notification by the Parties of the completion of the internal procedures necessary for its entry into force. 2. Each of the Parties may terminate this Agreement by notifying the other Party in writing through diplomatic channels. This Agreement shall terminate upon the expiration of sixty (60) days from the date of receipt of such notification. 3. Each of the Parties may temporarily suspend the operation of this Agreement in whole or in part, with the exception of Articles 2, 11, and 12 for reasons related to the protection of national security, public order, or public health of the States of the Parties, by written notification through diplomatic channels of the other Party. In this case, the suspension shall take effect upon the expiration of thirty (30) days from the date of receipt of such notification, the Parties shall mutually notify each other through diplomatic channels of the restoration of this Agreement.

Done in Riga on September 16, 2011, in two originals, each in the Kazakh, Latvian and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties shall refer to the text in Russian.

For the Government For the Government of the Republic of Kazakhstan Of the Republic of Latvia

I hereby confirm the unofficial translation of the conclusion of the scientific linguistic expertise to the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Latvia on the Readmission of persons, made in Riga, September 16, 2011.

Head of the Migration Police Department of the Ministry of Internal Affairs of the Republic of Kazakhstan S. Sainov

RCPI's note! The following is the text of the Agreement in Latvian.

President

Republic of Kazakhstan

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