On the signing of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on Readmission and the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on Readmission
Decree of the President of the Republic of Kazakhstan dated December 26, 2014 No. 987
In accordance with article 5 of the Law of the Republic of Kazakhstan dated May 30, 2005 "On International Treaties of the Republic of Kazakhstan"
I DECREE:
1. Approve the attached projects: 1) Agreements between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on readmission; 2) Protocol on the implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) on readmission.
2. On behalf of the Republic of Kazakhstan, Idrisov Yerlan Abilfaizovich, Minister of Foreign Affairs of the Republic of Kazakhstan, sign the Agreement between the Republic of Kazakhstan and the Benelux States (Kingdom of Belgium, Grand Duchy of Luxembourg and Kingdom of the Netherlands) on Readmission and the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (Kingdom of Belgium, Grand Duchy of Luxembourg and Kingdom of the Netherlands) on Readmission, authorizing to make changes and additions that are not of a fundamental nature. The footnote. Paragraph 2 as amended by Decree of the President of the Republic of Kazakhstan dated 02.03.2015 No. 1019.
3. This Decree shall enter into force from the date of signing.
President of the Republic of Kazakhstan N. Nazarbayev
APPROVED By Decree of the President of the Republic of Kazakhstan dated December 26, 2014 No. 987
Project
AGREEMENT between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands on readmission
The Republic of Kazakhstan and the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands (acting jointly by virtue of the provisions of the Benelux Convention concluded on April 11, 1960 (hereinafter - Benelux States), hereinafter referred to as the "Parties", wishing to confirm their desire to effectively combat the illegal migration of their citizens, as well as citizens of third countries, wishing to develop cooperation between the Parties and, on the basis of reciprocity, facilitate the reception of persons illegally in the territory of the Party concerned and the transit of persons subject to expulsion, in accordance with generally accepted norms international law, desiring to establish obligations for the readmission of third-country nationals between the Parties in accordance with the conditions specified in this Agreement, Interested in ensuring prompt and safe readmission in accordance with procedures that guarantee respect for human rights, recognizing the need to respect human rights and freedoms and emphasizing that this Agreement is without prejudice to the rights and obligations of the Parties arising from the Universal Declaration of Human Rights of December 10, 1948 and other international treaties, in particular, The Convention relating to the Status of Refugees of 28 July 1951 and the Protocol relating to the Status of Refugees of 31 January 1967, The International Covenant on Civil and Political Rights of December 16, 1966, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984, taking into account that cooperation between the Parties in the field of readmission and simplification of mutual crossing of State borders is of common interest, agreed as follows:
Article 1 Definitions
For the purposes of this Agreement, the following terms have the following meanings: 1) "territory": for the Republic of Kazakhstan - the territory of the Republic of Kazakhstan; for the Benelux States: in Europe - the united territory of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands; 2) "readmission" - transfer by the competent authority of the requesting Party and acceptance by the competent authority of the requested Party of citizens of the requested Party, third-country nationals and stateless persons who illegally entered, stay or reside in the territory of the requesting Party; 3) "own citizen" - any person who has the citizenship of the Republic of Kazakhstan or one of the states Benelux; 4) "citizen of a third state" - any person who does not have the citizenship of the Republic of Kazakhstan or one of the Benelux states; 5) "stateless person" - a person who is not considered a citizen by any state by virtue of its law; 6) "requesting Party" - the Party submitting an application for readmission or transit of a person in accordance with the provisions of this Agreement; 7) "requested Party" - the Party to which the application is addressed on the readmission or transit of a person in accordance with the provisions of this Agreement; 8) "residence permit" is an official permit of any kind issued by one of the Parties granting a person the right to reside in the territory of the Republic of Kazakhstan or one of the Benelux States, which does not include a temporary permit to stay in the territory of the Republic of Kazakhstan or one of the Benelux States in connection with the procedure for considering an asylum application or an application for on the issue of a residence permit; 9) "transit" means the passage of a citizen of a third country or a stateless person through the territory of the State of the requested Party en route from the State of the requesting Party to the destination State.
Article 2readmission of own citizens
1. The requested Party, at the request of the requesting Party, within the framework of this Agreement, accepts in its territory any person who does not fulfill or ceases to fulfill the conditions of entry, stay or residence in the territory of the requesting Party, if, in accordance with Article 5 of this Agreement, it can be proved or established that this person is a citizen of the requested Party. 2. This provision also applies to persons who, after entering the territory of the requesting Party, have been deprived of or renounced the citizenship of the State of the requested Party, but have not yet acquired the citizenship of the requesting Party. 3. Simultaneously with the readmission of the persons referred to in paragraph 1 of this Article, the requested Party shall also carry out the readmission of their: 1) 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.; 2) 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 or can obtain the right to enter, stay and reside in the territory of the requested Party, if they do not have an independent right to stay or reside in the territory of the requesting Party. 4. At the request of the requesting Party and in accordance with the provisions of paragraph 5 of Article 7 of this Agreement, the requested Party is obliged to issue without delay the travel documents necessary for the return trip of the person to be readmitted.
Article 3 - The admission of third-country nationals and stateless persons
1. The requested Party, at the request of the requesting Party, within the framework of this Agreement, accepts in its territory a 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 requesting Party, if evidence is provided that such a person: 1) has a valid residence permit issued by the requested Party 2) has a valid visa, except for a transit visa issued by the requested Party; 3) had a valid residence permit or a valid visa upon entry into the territory of the requesting Party, except for a transit visa issued by the requested Party; 4) entered the territory of the requesting Party after crossing the territory of the requested Party or staying there. 2. The readmission obligation provided for in paragraph 1 of this Article shall not apply if: 1) the requesting Party issues a visa to a citizen of a third State or a stateless person, other than a transit visa or a residence permit, before or after entry into its territory; 2) the visa or residence permit issued by the requested Party was obtained using forged or forged documents.
Article 4 Readmission request
1. A request for readmission based on Articles 2 or 3 of this Agreement shall be sent in writing to the competent authority of the requested Party. 2. The readmission application must contain the following information: 1) personal information about the person (last name, first name, former names, nicknames and pseudonyms, fictitious names, gender, date of birth, place of birth, last place of residence in the territory of the requested Party); 2) copies of evidence listed in Articles 5 or 6 of this Code. Agreements. 3. The application for readmission, where necessary, must also contain the following information: 1) evidence that the person to be transferred requires special (medical or other) care or must be transported in an ambulance; 2) notification of any other protective or safety measures that may be necessary in the event of transfers. 4. A readmission application will not be required if the person to be readmitted has a valid national passport and if such person is a citizen of a third country or a stateless person has a valid visa or residence permit of the receiving Party. 5. If the person to be readmitted is located in the international area of the airport of one of the Parties, the competent authorities have the right to carry out these procedures on a simplified basis.
Article 5 Proof of citizenship in relation to own citizens
1. Evidence of citizenship in accordance with Article 2 of this Agreement may be presented in the form of: 1) a valid passport or a substitute travel document with a photograph; 2) a valid internal identity card; 3) a valid military ID card or other identification document of the armed forces with a photograph of the owner; 4) a seafarer's identity card; 5) other official documents, indicating the nationality of the person, issued by the requested Party and having a photo; 6) documents specified in this paragraph, expired at the time of sending the application for readmission. Upon presentation of such documents, the Parties will recognize the nationality of the person without further formalities. 2. Proof of citizenship, in the absence of refuting evidence, in accordance with Article 2 of this Agreement, may be submitted in the following forms: 1) a copy of one of the documents listed in paragraph 1 of this article.; 2) other documents or data, including biometric data, that may help establish the nationality of a person (seaman's book, driver's license, etc.); 3) documents indicating consular registration, proof of citizenship, or proof issued by the municipal birth, marriage, and death registration authority; 4) copies of the documents specified in subitems 2)-3) of this paragraph; 5) statements by witnesses in writing; 6) a statement by a reliable witness in writing; 7) a statement by the person himself in writing. In the case of presentation of such documents or data, the Parties consider the nationality established, unless the requested Party refutes this fact. 3. If none of the specified documents or data listed in paragraphs 1 and 2 can be submitted, but the requesting Party believes that there are certain assumptions regarding the nationality of the person to be readmitted, the competent authorities of the requested Party are required to take the necessary measures to establish the nationality of such person. In this regard, the diplomatic mission or consular institution of the requested Party accredited in the territory of the requesting Party is required to interview the person in order to determine, among other things, the basis of the language in which such person communicates, as well as to determine whether he is his own citizen.
Article 6 Evidence against third-country nationals or stateless persons
1. The readmission of third-country nationals or stateless persons referred to in Article 3 of this Agreement may be carried out on the basis of the following evidence: 1) valid visas or residence permits issued by the requested Party; 2) visas or residence permits issued by the requested Party, which expired during the previous two years; 3) entry/exit stamps or similar marks in the person's travel document confirming the fact of his entry or stay in the territory of the requested Party or proving his entry into the territory of the requesting Party from the territory of such requested Party (travel itinerary); 4) documents issued in the name of the person by the requested Party (for example, driver's license, identity card); 5) documents issued at the time of registration of birth, marriage and death in the territory of the requested Party; 6) copies of the documents listed in subitems 1)-5) of this paragraph inclusive. The above-mentioned evidence is recognized by the Parties without any additional formalities. 2. Evidence that the conditions for the readmission of third-country nationals or stateless persons specified in Article 3 of this Agreement have been fulfilled may be provided in the form of the following supporting documents: 1) travel tickets, documents or invoices indicating the name of the person, if they prove the fact of the person's entry or stay in the territory of the requested country. The fact of his entry into the territory of the requesting Party from the territory of the requested Party (for example, hotel bills, documents on appointment with a doctor/dentist, passes to public/private institutions, passenger lists for flights on an airplane or ship); 2) information confirming that such a person has used the services of a guide or travel agency; 3) official statements, in particular, border control officers working at the state border of the requested Party, as well as other government officials who may to confirm that the person has crossed the state border of the requested Party; 4) official statements by government officials about the presence of such a person in the territory of the requested Party; 5) a residence permit issued by the requested Party, which expired more than two years ago; 6) a written statement describing the place and circumstances in which the person was detained after entering the territory of the requesting Party; 7) information from an international organization regarding the identification and/or stay of the person; 8) a tourist application agencies; 9) the statement of the person himself; 10) other documents (for example, entry tickets without specifying the name of the person) or reliable information on the basis of which it is possible to accurately determine the travel route or place of residence of the person in the territory of the requested Party. In the case of such evidence, the Parties assume that the conditions have been fulfilled, unless the requested Party refutes such an assumption.
Article 7country
1. A request for the readmission of one's national may be submitted at any time by the competent authority of the requesting Party if it is established that the person has not fulfilled or no longer complies with the conditions of entry or residence in the territory of the requesting Party. 2. An application for readmission of a citizen of a third State or a stateless person shall be submitted by the competent authority of the requesting Party within a period not exceeding one year from the date when the competent authority of the requesting State became aware that a citizen of a third State or a stateless person does not fulfill or ceases to fulfill the conditions of entry, stay or residence. 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 resolved. 3. The response to the readmission request must be provided immediately and in any case no later than 21 (twenty-one) calendar days from the date of its receipt. If the readmission request is refused, the reasons for the refusal must be indicated in writing. 4. Upon reaching an agreement or, where appropriate, upon the expiration of 21 (twenty-one) calendar days, the requested Party is obliged to immediately carry out the readmission of the person without further formalities and in any case, within a month, of the person whose readmission has been agreed. This period may be extended at the request of the applicant for the period necessary to remove obstacles of a legal or other nature. 5. At the request of the requesting Party, the requested Party must immediately and in any case within five working days provide the travel documents necessary for the transfer of the person, issued in his name and valid for at least six months from the date of issue. If the requested Party is unable to provide the required travel document within five working days from the date of receipt of the readmission request, it will be recognized that the requested Party agrees to use the travel document provided by the requesting Party. If the person cannot be transferred before the expiration date of the original travel document, the requested Party is obliged, for legal or other purposes, to provide a new travel document valid for at least six months from the date of issue within five working days.
Article 8 Transmission methods and modes of transport
1. Prior to the transfer of a person subject to readmission, the competent authorities of the requesting Party are required to inform the competent authorities of the requested Party in writing about the date of transfer, the state border checkpoint, possible escort and other information related to the transfer. 2. It is not prohibited to use any type of transport - land, sea or air. The type of transport is selected by the requesting Party. Scheduled or charter air routes can be used.
Article 9 Error-free readmission
The requesting Party shall take back any person if, as a result of verification, no later than three months after leaving the territory of the requesting Party, it is established that at the time of readmission the conditions specified in Articles 2 or 3 of this Agreement were not fulfilled. In such cases, the procedural provisions of this Agreement shall apply, subject to the necessary amendments, and the requested Party shall provide all available information on the identity and nationality of this person.
Article 10 Rules of transit
1. A Party shall permit the transit of third-country nationals through its territory if requested by the other Party, provided that such persons will be transported through any other transit State and will be forcibly escorted by the State of final destination. 2. The Parties will take all necessary measures to restrict the transit of third-country nationals in cases where such persons cannot be returned directly to the destination State. 3. The Parties may refuse to provide transit: 1) if a citizen of a third State is in danger in the final destination State or other transit States, or if he may be subjected to torture, inhuman or other 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 a citizen of a third State is prosecuted or becomes the subject of a court verdict in the territory of the requested Party or the transit State; 3) for reasons of protecting public health, national security, or public order of the requested Party. 4. The Parties have the right to revoke any previously issued permit if the circumstances listed in paragraph 3 of this article subsequently impede transit or if a person's trip through transit States is no longer possible. In such cases, the requesting Party is obliged to immediately take back a citizen of a third country or a stateless person to its territory.
Article 11 Transit procedure
1. An application for transit must be submitted in writing to the competent authorities of the requested Party and must contain the following information: 1) type of transit (air, land or sea), other possible transit States and the intended destination State; 2) personal information about the person (surname, first name, date of birth and place of birth, nationality, type and number of the travel document); 3) the intended crossing of the state border, the time of transfer of the person and possible escort; 4) a statement by the requesting Party stating that, in its opinion, the conditions set out in paragraphs 1 and 2 of Article 10 of this Agreement have been satisfied, and that there is no reason to refuse on the basis of paragraph 3 of Article 10 of this Agreement. 2. The competent authority of the requested Party is obliged to immediately inform the competent authority of the requesting Party in writing about the granting of permission to receive a person with confirmation of the place of crossing the state border and the planned time of reception, or about the refusal of admission, indicating the reasons for the refusal. 3. If the transit is carried out by air, the person in transit must be provided with the necessary maintenance services along with escort in order to gain access to the national or international airport area of the requested Party. 4. The competent authorities of the requested Party are obliged to assist in transit, in particular by providing surveillance of the transported persons, as well as the provision of appropriate maintenance services.
Article 12 Expenses
All transportation costs incurred during readmission and transit or upon the return of persons taken by mistake in accordance with this Agreement to the border crossing point of the final destination State shall be covered by the requesting Party, without prejudice to the right of the competent authorities of the Parties to reimburse such costs at the expense of the persons subject to readmission or third parties.
Article 13 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 Parties. In each specific case, when transferring, processing and using personal data, the competent authorities of the Parties act in accordance with their national legislation. In addition, the following principles should be applied: 1) personal data should 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 body collecting them and the body receiving them must not be carried out in such a way that it is incompatible with the specified purpose; 3) personal data must 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: personal information about the person to be transferred (surname, first name, former names, nicknames or pseudonyms, date and place of birth, gender, present and former citizenship); identity card or passport (serial number, validity period, date of issue, issuing authority, place of issue); places of stopping and routes of the trip; other information necessary to identify the person to be transferred or to study the availability of conditions that, in accordance with this Agreement, are the basis for readmission; 4) personal data must be accurate and updated as necessary; 5) personal data must be stored in a form that allows the 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 involves notifying the other 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 be transferred only to the competent authorities of the Parties. Their subsequent transfer to other authorities requires the prior 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.
Article 14Cooperation with other international obligations
This Agreement is without prejudice to the rights, obligations and responsibilities of the Parties in accordance with any international treaties to which they are parties.
Article 15 Implementation Protocol
The Parties shall conclude an Implementation Protocol that includes all necessary practical provisions for the implementation of this Agreement, among other things: 1) identification of the competent authorities of the Parties; 2) identification of checkpoints across the state border; 3) conditions and procedures according to which the readmission of persons or transit must be accompanied.
Article 16 Dispute resolution
Issues related to the implementation of this Agreement, including disputes between the Parties regarding the interpretation or application of the provisions of this Agreement, are resolved by mutual agreement of the Parties through consultations.
Article 17references
The Parties may, by mutual agreement, make amendments and additions to this Agreement, which are its integral parts, which are formalized in separate protocols and enter into force in accordance with the procedure provided for in Article 20 of this Agreement.
Article 18depository for the Benelux States
The Government of the Kingdom of Belgium acts as the depositary of this Agreement for the Benelux States (hereinafter referred to as the depositary). The original of this Agreement will be kept by the depositary, who will send certified and authentic copies to the Parties of the Benelux States.
Article 19territorial application
With respect to the Kingdom of the Netherlands, the application of this Agreement may be extended to parts located outside Europe by written notification through the diplomatic channels of the depositary of this Agreement for the Benelux States, which must inform the other Parties to this Agreement.
Article 20 Entry into force
1. This Agreement shall enter into force on the first day of the second month following the date of receipt by the depositary through diplomatic channels of a written notification from two Parties, one of which is the Republic of Kazakhstan, on the completion of internal procedures necessary for its entry into force. 2. With respect to any other Party, this Agreement shall enter into force on the first day of the second month following the date of receipt from the depositary through diplomatic channels of a written notification that such other Party has completed the internal procedures necessary for its entry into force. 3. The Depositary shall inform each of the Parties of the receipt of the notifications referred to in paragraphs 1 and 2 and the dates of entry into force of this Agreement for each of the Parties. 4. The provisions of sub-paragraphs 3) and 4) paragraph 1 of Article 3 of this Agreement shall apply after three years from the date established by paragraph 1 of this Article. During this three-year period, the provisions of sub-paragraphs 3) and 4) Paragraph 1 of Article 3 applies only to stateless persons from those third States and citizens of those third States with which the Parties have concluded international readmission agreements.
Article 21statement and termination
1. This Agreement is concluded for an indefinite period. 2. The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands may jointly suspend this Agreement in order to protect national security, public order or public health by sending a written notification through diplomatic channels to the Republic of Kazakhstan through the depositary. The depositary shall immediately inform the Republic of Kazakhstan through diplomatic channels about the cancellation of such a measure. 3. The Republic of Kazakhstan may suspend the operation of this Agreement in order to protect national security, public order or public health by sending a written notification through diplomatic channels to the Benelux States through the depositary. The Republic of Kazakhstan shall immediately inform the depositary through diplomatic channels of the cancellation of such a measure. 4. The suspension of this Agreement shall enter into force on the first day of the first month following the month of receipt of the notification referred to in paragraphs 2 and 3 of this article. 5. The Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands may jointly terminate this Agreement by notifying the depositary through diplomatic channels, which shall inform the Republic of Kazakhstan in writing accordingly. 6. The Republic of Kazakhstan may terminate this Agreement by informing the depositary through diplomatic channels, who shall inform the other Benelux States in writing. 7. This Agreement shall terminate on the first day of the second month following the month of receipt through diplomatic channels of the written notification referred to in paragraphs 5 and 6 of this article. In witness whereof, the representatives of the Parties duly authorized for this purpose have signed this Agreement.
Committed in the city __________ ___ _____________ 201__ in two copies in Kazakh, French, Dutch and English, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the Parties will refer to the English text.
For the Kingdom of Belgium
For the Republic of Kazakhstan
For the Grand Duchy of Luxembourg
For the Kingdom of the Netherlands
APPROVED By Decree of the President of the Republic of Kazakhstan dated December 26, 2014 No. 987
Project
Protocol on the implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (Kingdom of Belgium, Grand Duchy of Luxembourg, Kingdom of the Netherlands) on readmission
The Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands), hereinafter referred to as the "Parties", in accordance with article 15 of the Readmission Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) (hereinafter referred to as the Agreement) have agreed as follows:
Article 1 Definitions
For the application of this Implementation Protocol, the following terms will have the following meanings: "diplomatic mission" — the diplomatic mission of the requested Party in the territory of the requesting Party; "accompanying persons" - the person (or persons) appointed by the requesting Party to accompany the person subject to readmission or transit.
Article 2 Direction of the readmission request (Article 4 of the Agreement)
1. A request for readmission shall be sent by fax, electronically or by other technical means to the diplomatic mission and the competent authority of the requested Party. 2. The application for readmission is sent using the form provided in Annex 1B to this Implementation Protocol. 3. If the conditions set out in paragraph 4 of Article 4 of the Agreement are fulfilled, a written notification using the form provided in Annex 3 to this Implementation Protocol will be sufficient. 4. To provide or receive more detailed information on a specific readmission request, the Parties contact the diplomatic mission and the competent authority.
Article 3 Response to the petition (paragraph 3 of Article 7 of the Agreement)
1. The response to the readmission request is sent by fax, electronically or by other technical means to the diplomatic mission and the competent authority of the requesting Party. 2. This report is submitted using the form provided in paragraph 2 of Article 2 of this Implementation Protocol.
Article 4 Travel documents (paragraph 5 of Article 7 of the Agreement)
1. In case of a positive response to the readmission request, the diplomatic mission issues the travel documents required for departure, in accordance with paragraph 5 of Article 7 of the Agreement, to the competent authorities of the requesting Party. 2. Based on paragraph 5 of Article 7 of the Agreement, if the diplomatic mission does not issue the necessary travel documents within five working days from the date of receipt of the relevant request, the requested Party is considered to have agreed to use the travel document submitted by the requesting Party. The documents that the Parties will use for this purpose are listed in Annexes 4 and 5 to this Implementation Protocol.
Article 5transmission (Article 8 of the Agreement)
1. The competent authority of the requesting Party shall inform the competent authority and the diplomatic mission of the requested Party of the proposed transfer by fax, electronic means or other technical means at least three working days in advance. For this purpose, it uses the forms provided in annex 2 to this Implementation Protocol. 2. If the requesting Party finds it impossible to transfer the person to be readmitted within the one-month period provided for in paragraph 4 of Article 7 of the Agreement, it shall immediately inform the competent authority and the diplomatic mission of the requested Party. Immediately after the actual transfer of the person, the competent authority of the requesting Party shall inform the requested Party in accordance with the procedure and time limits provided for in paragraph 1 of this Article. 3. If, for medical reasons, transportation must be carried out by land or sea, the competent authorities of the requesting Party shall make a separate note of this fact on the form provided in Annex 2 to this Implementation Protocol.
Article 6 Transit procedure (Article 10 of the Agreement)
1. A transit request shall be sent at least two days before the scheduled transit by fax, electronic means or other technical means to the competent authority of the requested Party. This request is made using the form provided in Appendix 6 to this Implementation Protocol. 2. The competent authority of the requested Party shall immediately provide a response by fax, electronic means or other technical means indicating whether it agrees to transit. This response is submitted using the form provided for in paragraph 1 of this article. 3. In general, transit is carried out by air.
Article 7 Transit support (paragraph 4 of Article 11 of the Agreement)
1. If the requesting Party considers it necessary to obtain the support of the authorities of the requested Party for any transit, it shall send a request for such support simultaneously with the transit of the person to the competent authorities of the requested Party. In its response to the transit request, the requested Party indicates whether it will be able to provide the requested support. For this purpose, the Parties shall use the forms provided in Annex 6 to this Implementation Protocol and, if necessary, consult with each other. 2. If the person is traveling accompanied by accompanying persons, then his protection and disembarkation are carried out under the control of the requested Party, as well as as long as this Party provides support.
Article 8 Obligations of accompanying persons during readmission or transit (paragraph 3 of Article 15 of the Agreement)
1. The powers of transit escorts are limited to self-defense. In addition, in the absence of officials of the requested Party authorized to take necessary measures or to provide support to such persons, accompanying persons have the right to respond reasonably and proportionately in the event of an immediate and serious threat of danger to prevent escape, harm to themselves or third parties, or damage to property. Accompanying persons during their stay in the territory of the requested Party are obliged to comply with its legislation in all circumstances. 2. Accompanying persons perform their tasks without carrying or using weapons and in civilian clothes. They must also have with them documents confirming the readmission or transit permit, and they must always have identification documents and an escort permit with them. 3. The authorities of the requested Party shall provide the same protection and support to accompanying persons in the performance of their duties under this Agreement that they provide to their own officials authorized to take such actions.
Article 9 Determination of competent authorities (paragraph 1 of Article 15 of the Agreement)
The Parties shall exchange a list of structural divisions of the competent authorities and contact details necessary for the implementation of the Agreement within one month from the date of conclusion of this Implementation Protocol. The Parties shall immediately inform each other of any changes to this list.
Article 10 Definition of checkpoints across the state border (paragraph 2 of Article 15 of the Agreement)
1. The Parties shall, within one month from the date of conclusion of this Implementation Protocol, inform each other in writing about the state border crossing points through which persons may be transferred and accepted in accordance with the Agreement. The Parties shall immediately inform each other of any changes in this area. 2. The parties may agree on other checkpoints across the state border in each specific case.
Article 11 Expenses (Article 12 of the Agreement)
The costs incurred by the requested Party in connection with readmission and transit, which must be borne by the requesting Party in accordance with Article 12 of the Agreement, shall be compensated by the requesting Party according to the invoices submitted.
Article 12 Language
The working language for the implementation of the Agreement and this Protocol is English.
Article 13 of the Application
Annexes 1-6 are an integral part of this Implementation Protocol.
Article 14 Amendments and dispute resolution
The Parties may make amendments and additions to this Protocol by mutual agreement. Issues related to the implementation of this Protocol, including disputes between the Parties regarding the interpretation or application of the provisions of this Protocol, shall be resolved by mutual agreement of the Parties through consultations.
Article 15 Entry into force and denunciation
1. This Implementation Protocol shall enter into force simultaneously on the date of entry into force of the Agreement. 2. This Implementation Protocol shall terminate simultaneously with the termination of the Agreement. 3. This Implementation Protocol shall suspend its operation in the event of suspension of the Agreement. Committed in the city ________ __ ___________ 201_ in two copies, each in Kazakh, French, Dutch and English, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Protocol, the Parties will refer to the English text.
For the Kingdom of Belgia
For the Republic of Kazakhstan
For the Grand Duchy of Luxembourg
For the Kingdom of the Netherlands
ANNEX 1A to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) about readmission
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REQUEST FOR READMISSION OF ONE'S OWN DEFENSE CITIZEN (Article 4 of the Agreement and paragraph 2 of Article 2 of the Protocol of Normalization)
DATE OF THE REQUEST:................. CASE NO.:.......................
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FROM: THE COMPETENT AUTHORITY (of the requesting Party)Tel.: Fax: E-mail:
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Q: THE COMPETENT AUTHORITY (of the requested Party)Tel.: Fax: E-mail:
1 - PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM THE READMISSION IS REQUESTED
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LAST NAME IS THE LAST NAME ............. .............Etc. the names............. .............(aliases , etc .) ..... .............floor.............date of birth........... PLACE OF BIRTH ............. LAST PLACE OF RESIDENCE ON TERRITORIES OF THE REQUESTED PARTY ..............FAMILY. position: Married (married) SPOUSE .............. Divorced Widower/widowarethood children ..................................( quantity)Name(s) ..................................Date of birth.................................. ..................................
2 - EVIDENCE FOR THE PARTY'S OWN CITIZENS (Article 5 of the Agreement) (Note: here you must specify the date of issue, the validity period of the documents, etc.)
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1....................................................................................2....................................................................................3....................................................................................4....................................................................................5....................................................................................(copies are attached)
3 - INFORMATION ABOUT ILLEGAL RESIDENCE ON THE TERRITORY OF THE REQUESTING PARTY
DATE OF ESTABLISHMENT OF THE FACT OF ILLEGAL RESIDENCE
4 - APPENDICES OF A NUMBER of DOCUMENTS (with a brief description)
1..............................................................2..............................................................3..............................................................4..............................................................5..............................................................6..............................................................
NAME OF THE OFFICIAL SEAL AND SIGNATURE
RESPONSE TO THE READMISSION REQUEST (paragraph 3 of Article 7 of the Agreement and Article 3 of the Implementation Protocol)
RESPONSE DATE: .....................................
1 - THE DECISION MADE
ALLOW TO REFUSE
GROUNDS FOR REFUSAL IN THE CASE OF A NEGATIVE DECISION
2 SPECIAL MARKS OF THE OFFICIAL'S NAME SEAL AND SIGNATURE
ANNEX 1B to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) about readmission
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REQUEST FOR READMISSION OF A THIRD-COUNTRY NATIONAL (article 4 of the Agreement and article 2 of the Implementation Protocol)
DATE OF THE REQUEST: ............................... CASE NO.:...........................
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FROM: THE COMPETENT AUTHORITY (of the requesting Party)Tel.: _______________________ Fax number: ___________________________ Email address: ___________
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Q: THE COMPETENT AUTHORITY (of the requested Party)Tel.:_________________________ Fax number:_____________________________Email:____________
1 - PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM THE READMISSION IS REQUESTED
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surname.............. name..............DEV IS A SURNAME ................................Etc. the names................................(aliases , etc .) ........................floor........................date of birth.......................citizenship.............. PLACE OF BIRTH .............LAST PLACE OF RESIDENCE ON THE TERRITORY OF THE REQUESTED PARTY ..............FAMILY. position:Married (married) SPOUSE .....................DivorcedWidower/Widowed ADULT CHILDREN..................................( quantity)Name(s) ..................................Date of birth..................................
2 - EVIDENCE FOR CITIZENS OF A THIRD COUNTRY (Article 6 of the Agreement) (Note: here you must specify the date of issue, the validity period of the documents, etc.)
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1 ....................................................................................2 ....................................................................................3 ....................................................................................4 ....................................................................................5 ....................................................................................(copies are attached)
3 INFORMATION ABOUT ILLEGAL RESIDENCE IN THE TERRITORY OF THE REQUESTING PARTY TO ESTABLISH THE FACT OF ILLEGAL RESIDENCE
4- APPENDICES OF A NUMBER of DOCUMENTS (with a brief description)
1 ..............................................................2 ..............................................................3 ..............................................................4 ..............................................................5 ..............................................................6 ..............................................................
NAME OF THE OFFICIAL SEAL AND SIGNATURE
RESPONSE TO THE READMISSION REQUEST (paragraph 3 of Article 7 of the Agreement and Article 3 of the Implementation Protocol)
RESPONSE DATE: .....................................
1 - THE DECISION MADE
ALLOW REFUSAL GROUNDS FOR REFUSAL IN CASE OF A NEGATIVE DECISION
2 - SPECIAL MARKS
NAME OF THE OFFICIAL SEAL AND SIGNATURE
ANNEX 2 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (Kingdom of Belgium, Grand Duchy Luxembourg and the Kingdom Netherlands) on readmission
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NOTIFICATION OF READMISSION (Article 8 of the Agreement and Article 5 of the Implementation Protocol)
DATE OF THE REQUEST: ................................... CASE NO.:..................................NOTIFICATION OF PERMISSION FROM (date):
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FROM: THE COMPETENT AUTHORITY (of the requesting Party)Tel.: _______________________ Fax number: ___________________________ Email address: ___________
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Q: THE COMPETENT AUTHORITY (of the requested Party)Tel.: _______________________ Fax number: ___________________________ Email address: ___________
1 - PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM THE READMISSION IS BEING ANNOUNCED
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surname......................name.................date of birth.......... PLACE OF BIRTH .............citizenship......................................Civil status: Married Husband/Wife Divorced Widower/Widoware children (number)Name(s)
Date of birth
2 - DOCUMENTS AVAILABLE TO THE PERSON SPECIFIED IN PARAGRAPH 1 (Note: here you must specify the date of issue, the validity period of the documents, etc.)
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1. TRAVEL DOCUMENT WITH PHOTO ID (date) .............................. in (place) ........................Valid until (date) .............................
2. OTHER (TRAVEL CARDS) DOCUMENTS........................................................................................................( copies are attached)
3 - DATE, TIME, PLACE AND METHOD OF RETURN
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DATE AND TIME OF TRANSPORTATION PLACE OF TRANSPORTATION METHOD OF TRANSPORTATION
AIR/GROUND/marine*
TRANSPORTATION METHOD- CAR - AIRPLANE ACCOMPANYING PERSONS:THEIR NUMBER AND NAMES
YES/NO*REGISTRATION NUMBER ........................YES/NO*FLIGHT NO.......................
YES/NO*..............................
1 ............................2 ............................
MEDICAL SUPPORT
yes/no*
REASONS WHY AN AIRLIFT CANNOT BE CARRIED OUT (medical or other)
1 ............................2 ............................3 ............................4 ............................
PROTECTIVE OR SAFETY MEASURES TAKEN
1 ............................2 ............................3 ............................
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4 - APPENDICES OF A NUMBER of DOCUMENTS (with a brief description)
1 ..............................................................2 ..............................................................3 ..............................................................4 ..............................................................5 ..............................................................6 ..............................................................
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NAME OF THE OFFICIAL SEAL AND SIGNATURE
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CONFIRMATION OF NOTIFICATION RECEIPT
date:....................................
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NAME OF THE OFFICIAL SEAL AND SIGNATURE
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ANNEX 3 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (Kingdom of Belgium, Grand Duchy Luxembourg and the Kingdom Netherlands) on readmission
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NOTIFICATION OF READMISSION (paragraph 4 of Article 4 of the Agreement and paragraph 3 of Article 2 of the Implementation Protocol)
DATE OF THE REQUEST:..................... CASE NO.:....................
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FROM: THE COMPETENT AUTHORITY (of the requesting Party)Tel.: _______________________ Fax number: ___________________________ Email address: ___________
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Q: THE COMPETENT AUTHORITY (of the requested Party)Tel.: _______________________ Fax number: ___________________________ Email address: ___________
1 - PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM READMISSION OR COMPULSORY TRANSFER IS BEING ANNOUNCED
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surname................... name.......................date of birth..........................DEPOSITS ..........................citizenship............................
Civil status: Married Husband/Wife Divorced Widower/Widowed Adult children (number)Name(s)Date of birth
2-DOCUMENTS AVAILABLE TO THE PERSON REFERRED TO IN PARAGRAPH 1
(Note: here you must specify the date of issue, the validity period of the documents, etc.)
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1. TRAVEL DOCUMENTS.............................................................2. VISAS/RESIDENCE PERMIT.............................................................(copies are attached)
3 - DATE, TIME, PLACE AND METHOD OF RETURN
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DATE AND TIME OF TRANSPORTATION, PLACE OF TRANSPORTATION AIR/GROUND/BY SEA*TRANSPORTATION YES/NO*TRANSPORTATION REGISTRATION METHOD NUMBER.....................- CAR YES/NO* FLIGHT NO.- AIRPLANE...........................
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4-APPENDICES OF A NUMBER of DOCUMENTS (with a brief description)
1 ..............................................................2 ..............................................................3 ..............................................................4 ..............................................................5 ..............................................................6 ..............................................................
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NAME OF THE OFFICIAL SEAL AND SIGNATURE
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CONFIRMATION OF NOTIFICATION RECEIPT
date:.............................
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NAME OF THE OFFICIAL SEAL AND SIGNATURE
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ANNEX 4 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (Kingdom of Belgium, Grand Duchy Luxembourg and the Kingdom Netherlands) on readmission
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STANDARD EU TRAVEL DOCUMENT FOR RETURN (paragraph 5 of Article 7 of the Agreement and paragraph 2 of Article 4 of the Implementation Protocol)
Member State / Etat Membre / Lidstaat:Registration number / Numero d'enregistrement / Registratienr.:...............Document No./ Doc. numero/ Doc. nr:.................................Valid for one trip from / Valable pour un seul voyage de / Geldig vooreen eenmaligereisvan .........................
Last name/ Norn / Naam: .................................Name/Prenom /Voomaam:.................................Date of birth / Date de naissance / Geboortedatum:.................................
Last name/ Norn / Naam: .................................Name/Prenom /Voomaam:.................................Date of birth / Date de naissance / Geboortedatum:.................................Photo Height/Taille/Lengte: ........Omens / Signes particuliers / Bijzondere kenmerken:.................................Citizenship / Nationality / Nationaliteit:.................................Address at home (if known)/ Adresse dans le pays d'origine (si connu)/ Adres in het land van oorsprong (indien weekend):.................................Issuing authority / Autorite de deliverance /Afgegeven door: .................Issued in / Lieu de deliverance/Afgegevente Seal/Stamp: ............................. Sceau/Cachet Zegel/StempelDate of issue / Date de deliverance/Datum van afgifte: ..............Signature / Signature / Handtekening:Notes / Observations / Opmerkingen:
ANNEX 5 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (Kingdom of Belgium, Grand Duchy Luxembourg and the Kingdom Netherlands) on readmission
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TRAVEL DOCUMENT FOR RETURN (paragraph 5 of Article 7 of the Agreement and paragraph 2 of Article 4 of the Implementation Protocol)
ANNEX 6 to the Protocol on the Implementation of the Agreement between the Republic of Kazakhstan and the Benelux States (Kingdom of Belgium, Grand Duchy Luxembourg and the Kingdom Netherlands) on readmission
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REQUEST FOR PERMISSION FOR TRANSIT OF THE ALIEN(S) BEING EXPELLED TO A THIRD STATE (paragraph 1 of Article 11 of the Agreement and paragraph 1 of Article 6 of the Implementation Protocol)
DATE OF THE REQUEST: ........................ CASE NO.:.....................
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FROM: THE COMPETENT AUTHORITY (of the requesting Party)Tel.: _________________ Fax number: _________________ Email address: __________________________
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Q: THE COMPETENT AUTHORITY (of the requested Party)Tel.: _________________ Fax number: _________________ Email address: __________________________
1 - PERSONAL INFORMATION OF THE PERSON IN RESPECT OF WHOM A TRANSIT PERMIT IS REQUIRED
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DEV. LAST NAME ................................Etc. the names.................................(aliases , etc .) .........................floor.........................................date of birth...............................citizenship................................. PLACE OF BIRTH ...................TYPE AND NUMBER OF THE PASSAGE. THE DOCK ......................Civil status: Married Husband/Wife Divorced Widower/Widowed Adult children (number)Name(s)Date of birth
2 - APPLICATION FROM THE COMPETENT AUTHORITY OF THE REQUESTING PARTY
a. THE CONDITIONS HAVE BEEN FULFILLED b. THERE ARE NO REASONS FOR REFUSAL (paragraphs 1 and 2 of Article 10 of the Agreement) (paragraph 3 of Article 10 of the Agreement)
3 - THE INTENDED METHOD OF TRANSPORTATION
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DATE, HOUR AND PLACE OF ARRIVAL IN THE TERRITORY OF THE REQUESTED PARTY
Date........................Place.......................Airport* ...................Flight no......................Border crossing point*.............. Per. Car number ..................Port* .....................Shipping company ................................
DATE, HOUR AND PLACE OF DEPARTURE FROM THE TERRITORY OF THE REQUESTED PARTY
Date ............................ The place ...................Airport* ....................... Flight no..................Border crossing point* ....... Per. Car number ......................Port* ........................... Shipping company .........................OTHER TRANSIT STATES...........................THE FINAL STATE OF ARRIVAL .......................................................................
4 - SUPPORT
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ACCOMPANYING PERSON:THEIR NUMBER AND NAMES
YES/NO*................................................................1 ..............................................................2 ..............................................................
MEDICAL SUPPORT
yes/no
REASONS WHY TRANSIT CANNOT BE CARRIED OUT BY AIR (medical or other)
1. .............................................................2. .............................................................3. .............................................................4. .............................................................
PROTECTION AND SAFETY MEASURES TAKEN AND REQUIRED SUPPORT
1. .............................................................2. .............................................................3. .............................................................YES/NO*................................................................
METHOD OF SUPPORT CONTRAINDICATIONS
...................................................
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5 - APPENDICES OF A NUMBER of DOCUMENTS (with a brief description)
1 ............................................................2 ............................................................3 ............................................................4 ............................................................5 ............................................................6 ............................................................
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NAME OF THE OFFICIAL SEAL AND SIGNATURE
RESPONSE TO A TRANSIT REQUEST (paragraph 2 of Article 11 of the Agreement and paragraph 2 of Article 6 of the Protocol implementation)
RESPONSE DATE: .............................
1-THE DECISION MADE
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RESOLVE THE GROUNDS FOR REFUSAL IN THE CASE OF A NEGATIVE DECISION
deny
2 - SPECIAL MARKS (also see point 3)
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NAME OF THE OFFICIAL
SEAL AND SIGNATURE
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