On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the Readmission of Persons and the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the Readmission of Persons
The Law of the Republic of Kazakhstan dated January 25, 2019 No. 219-VI SAM.
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the Readmission of Persons and the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the Readmission of Persons, signed in Astana on March 14, 2018.
President Republic of Kazakhstan
N. NAZARBAYEV
AGREEMENT between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the readmission of persons
(Entered into force on March 24, 2019, Bulletin of International Treaties of the Republic of Kazakhstan, 2019, No. 2, Article 26)
The Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan, hereinafter referred to as the Parties,
Respecting the sovereign right of each of the States of the Parties, in accordance with its national legislation, to establish responsibility for illegal migration on or through its territory of foreign citizens and stateless persons,
Emphasizing that this Agreement is without prejudice to the rights and obligations of the States 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 July 28, 1951 and the Protocol relating to the Status of Refugees of January 31, 1967, the International Covenant on Civil and Political Rights Human Rights Act of December 16, 1966, Convention against Torture and Other Cruel, inhuman or Degrading Treatment or Punishment of December 10, 1984 and the Convention on the Legal Status of Migrant Workers and Members of Their Families of the Member States of the Commonwealth of Independent States of November 14, 2008,
based on the urgent need for clear regulation of migration processes in the territories of the States of the Parties,
have agreed on the following:
Article 1 Definitions
In this Agreement, the definitions given below have the following meaning::
"readmission" means the transfer by the competent authorities of the State of the requesting Party and the reception by the competent authorities of the State of the requested Party, in accordance with the procedure, conditions and for the purposes provided for in this Agreement, of persons who have entered or are in the territory of the State of the requesting Party in violation of its national legislation on the entry, exit and stay of foreign citizens and stateless persons;
"Requesting Party" - The Party sending a request for the readmission or transit of a person;
"requested Party" means the Party to whom a request for readmission or transit of a person has been sent.;
"third-country nationals" - persons who do not have the citizenship of the States of the Parties and belong to the citizenship of a State that is not a party to this Agreement.;
"stateless persons" - persons who are not citizens of the States of the Parties and do not have proof of belonging to the citizenship of a third state.;
"central competent authority" - the competent authority of each of the States of the Parties, which is entrusted with the main tasks of implementing this Agreement.;
"competent authorities" - the authorities of the States of the Parties responsible for the implementation of this Agreement;
"Executive Protocol" - a protocol on the procedure for the implementation of this Agreement;
"personal data" means any information related to a specific or identifiable natural person based on such information.;
"transit" is 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 2 Readmission of citizens of the States of the Parties
1. The competent authorities of the State of the requested Party shall receive, at the request of the competent authority of the State of the requesting Party, persons who have entered or are in the territory of the State of the requesting Party in violation of the national legislation of that State on the entry, exit and stay of foreign citizens and stateless persons, if it is established that they are citizens of the State of the requested Party.
2. The competent authorities of the State of the requested Party shall issue to the transferred persons the documents necessary for their entry into the territory of the State of the requested Party, the validity period of which is 30 calendar days from the date of their issuance.
3. The lists of documents on the basis of which a person's citizenship of the State of one of the Parties is determined are contained in the Executive Protocol.
The Parties shall exchange samples of such documents through diplomatic channels within 30 days from the date of entry into force of this Agreement and the Executive Protocol. Subsequently, each Party shall immediately notify the other Party through diplomatic channels of any changes to the samples of these documents.
4. If none of the documents referred to in paragraph 3 of this Article can be submitted, the competent authority of the State of the requesting Party shall arrange with the diplomatic mission or consular institution of the State of the requested Party to conduct an interview with the person to be readmitted in order to obtain information about his nationality. The procedure for conducting such interviews is defined in the Executive Protocol.
5. If the person referred to in paragraph 1 of this Article has a valid document certifying the identity of a citizen of the requested State, a request for readmission is not required.
Article 3 Readmission of third-country nationals and stateless persons
1. The competent authorities of the State of the requested Party shall receive, at the request of the competent authority of the State of the requesting Party, third-country nationals and stateless persons who have arrived or are in the territory of the State of the requesting Party in violation of the national legislation of that State, and if it is established that they arrived in its territory directly from the territory of the State of the requested Party.
2. If a citizen of a third country or a stateless person does not have an identity document and there is no possibility of issuing such a document by the competent authority of the State of nationality or permanent residence of the person concerned, then after receiving a positive response to the request for the person's readmission, the competent authorities of the requested Party State shall issue him a document for entry into the territory of their State.
3. The provisions of this article shall not apply to persons:
- who, at the time of legal entry into the territory of the requesting State, had a valid visa, temporary or permanent residence permit issued by the competent authorities of that State;
- arrived legally on the territory of the requesting State on a visa-free basis in accordance with an international agreement;
- to whom a visa, temporary or permanent residence permit was issued by the competent authorities of the requesting State after entering the territory of that State.
4. The provisions of this article apply only to third-country nationals and stateless persons from those third countries with which the Republic of Kazakhstan and the Republic of Tajikistan have valid international readmission agreements.
Article 4 Erroneous readmission
The competent authorities of the State of the requesting Party shall take back the person transferred by them within 30 calendar days from the date of his transfer, if it is established by the competent authorities of the State of the requested Party that at the time of transfer there were no conditions for his readmission provided for in Article 2 of this Agreement.
In such cases, the competent authority of the State of the requested Party shall transmit to the competent authority of the State of the requesting Party the materials at its disposal concerning this person.
Article 5 Time limits for sending and reviewing requests for readmission
1. A request for the readmission of a person shall be sent by the competent authority of the State of the requesting Party directly to the competent authority of the State of the requested Party within 45 calendar days from the date of establishing the fact of illegal entry or illegal stay of the person in the territory of the State of the requesting Party and/or establishing his identity, but not later than 180 calendar days.
2. The competent authority of the State of the requested Party, within 30 calendar days from the date of receipt of the request for the readmission of the person, shall consent to the admission or reasoned refusal to accept the person if the competent authorities of the State of the requested Party have established the absence of the conditions necessary for the transfer of the person provided for in paragraph 1 of Article 2 and paragraph 1 of Article 3 of this Agreement. If there are circumstances that prevent a timely response to a readmission request, the response period based on a duly executed request from the competent authority of the requested Party's State is extended to 60 calendar days.
Article 6 Terms of readmission
1. The transfer of persons in respect of whom the requested Party has agreed to readmission shall be carried out within 30 calendar days from the date of receipt of such consent by the requesting Party, unless otherwise agreed by the central competent authorities of the States of the Parties in each specific case.
2. The period specified in paragraph 1 of this Article may be extended if the persons mentioned therein cannot be transferred to the competent authorities of the requested State due to circumstances objectively preventing the transfer, and a corresponding written notification is sent.
3. If it is impossible to transfer a person in respect of whom the requested Party has agreed to readmission, the competent authority of the State of the requesting Party shall immediately send a corresponding written notification to the competent authority of the State of the requested Party.
Article 7 Transit
1. The competent authority of the State of the requested Party, at the request of the competent authority of the State of the requesting Party, shall permit the transit of third-country nationals and stateless persons through the territory of the State of the requested Party if the competent authority of the State of the requesting Party guarantees that the persons referred to in this paragraph are granted unhindered entry into the territory of a third State, regardless of whether it is a transit State or the destination State.
2. The transit of the persons referred to in paragraph 1 of this Article may be carried out accompanied by employees of the competent authorities of the requesting State, whose status is determined in the Enforcement Protocol.
3. A request for transit of persons referred to in paragraph 1 of this Article shall be sent by the competent authority of the State of the requesting Party in advance, but not later than 15 calendar days before the expected date of entry of the person into the territory of the State of the requested Party for the purpose of transit, unless the competent authorities of the States of the Parties agree otherwise in each specific case.
4. The competent authority of the requested Party's State shall, within 7 calendar days from the date of receipt of the request for transit of persons, give consent to transit or a duly executed refusal to transit.
5. In carrying out the transit of persons referred to in paragraph 1 of this Article, the competent authority of the State of the requested Party, at the request of the competent authority of the State of the requesting Party, shall provide possible assistance.
6. The competent authority of the State of the requested Party may refuse the transit of the persons referred to in paragraph 1 of this Article in the following cases::
1) there is a threat that in the destination or transit State a citizen of a third country or a stateless person will be subjected to torture, inhuman or degrading treatment or punishment, the death penalty or persecution on the basis of race, religion, nationality, as well as membership of a particular social group or political beliefs;
2) the presence of such persons in the territory of the requested Party's State is undesirable, including for reasons of national security, public order or public health.
7. The competent authorities of the State of the requested Party, despite the issued transit permit, may return the persons referred to in paragraph 1 of this Article to the competent authorities of the State of the requesting Party if, after their entry into the territory of the State of the requested Party, the circumstances provided for in paragraph 6 of this Article are established in respect of them, as well as if Entry into the territory of another transit State or destination State can no longer be considered guaranteed.
8. On the basis of reciprocity, the Parties shall take measures to limit the transit of third-country nationals and stateless persons who may be returned directly to their States of nationality or their States of permanent residence.
9. Transit of third-country nationals and stateless persons to the destination States is carried out only if there is no possibility of direct transfer of persons subject to readmission.
Article 8 Protection of personal data
1. Personal data that the competent authorities of the States of the Parties exchange or transfer to each other in connection with the implementation of the provisions of this Agreement are subject to protection in the State of each of the Parties in accordance with their national legislation and international treaties to which the States of the Parties are parties.
2. The competent authorities of the States of the Parties shall exchange personal data only for the purposes of this Agreement and ensure their confidentiality.
Article 9 Expenses
1. The costs associated with the readmission and possible escort of the persons referred to in paragraph 1 of Article 2 and paragraph 1 of Article 3 of this Agreement to the checkpoint across the state border of the State of the requested Party shall be borne by the requesting Party if the costs cannot be paid by the said persons themselves or by a third party.
2. The costs related to the transit and possible escort of the persons referred to in paragraph 1 of Article 7 of this Agreement, as well as their possible return, shall be borne by the requesting Party if the costs cannot be paid by the said persons themselves or by a third party.
3. The costs associated with the transfer of the persons referred to in Article 4 of this Agreement and their possible escort to the checkpoint across the state border of the requesting Party's State shall be borne by the Party whose actions or omissions led to the transfer of the person whose grounds for readmission were absent.
Article 10 Executive Protocol
1. The Parties will conclude an Executive Protocol, which contains rules concerning:
1) central and other competent authorities and the distribution of powers between them;
2) the content and procedure for sending a request for readmission or transit;
3) conducting interviews;
4) Readmission or transit procedures;
5) conditions for the transfer of escorted persons, including in the case of transit of third-country nationals and stateless persons;
6) the procedure for carrying out mutual settlements related to the implementation of this Agreement.
2. The Executive Protocol is concluded simultaneously with the Agreement and is an integral part of it.
Article 11 Suspension and renewal of this Agreement
1. Each of the Parties may partially or completely suspend the operation of this Agreement for reasons related to the protection of national security, ensuring public order or protecting public health.
2. The other Party shall be notified in writing through diplomatic channels of the suspension or resumption of this Agreement no later than 72 hours prior to the start of the implementation of such a decision.
Article 12 Dispute resolution
1. All disputes arising in the relations between the Parties and related to the implementation or interpretation of this Agreement are resolved through consultations and negotiations between them.
2. By mutual agreement, the central competent authorities of the States of the Parties may hold working meetings and expert consultations on issues related to the implementation of the Agreement.
Article 13 Effect of other international treaties
This Agreement does not affect the rights and obligations of each of the Parties arising from other international treaties to which the States of the Parties are parties.
Article 14 Procedure for making amendments and additions
By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are an integral part of it and are formalized in separate protocols.
Article 15 Final provisions
1. This Agreement shall enter into force upon the expiration of 30 calendar days from the date of receipt through diplomatic channels of the last written notification on the completion by the Parties of the internal procedures necessary for its entry into force.
2. This Agreement is concluded for an indefinite period, and its validity period ends upon the expiration of 60 calendar days from the date of receipt by one Party through diplomatic channels of a written notification by the other Party of its intention to terminate it.
3. In case of termination of this Agreement, the Parties will settle the obligations that arose during its validity period.
Done in Astana, on March 14, 2018, in two copies, each in the Kazakh, Tajik and Russian languages, all texts being equally authentic.
In case of a discrepancy between the texts, the Parties refer to the text in Russian.
For the Government Republic of Kazakhstan
For the Government Republic of Tajikistan
EXECUTIVE PROTOCOL ON the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the readmission of Persons
(Entered into force on March 24, 2019, Bulletin of International Treaties of the Republic of Kazakhstan, 2019, No. 2, Article 27)
The Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan, hereinafter referred to as the Parties,
Expressing their mutual desire to fully resolve issues related to the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the Readmission of Persons dated March 14, 2018 (hereinafter referred to as the Agreement),
have agreed on the following:
Article 1 Competent authorities
1. The competent authorities responsible for the implementation of the provisions of the Agreement are:
from the Republic of Kazakhstan:
The central competent authority is the Ministry of Internal Affairs of the Republic of Kazakhstan;
The competent authorities are the Ministry of Foreign Affairs of the Republic of Kazakhstan and the National Security Committee of the Republic of Kazakhstan.;
from the Republic of Tajikistan:
The central competent authority is the Ministry of Internal Affairs of the Republic of Tajikistan;
The competent authorities are the Ministry of Foreign Affairs of the Republic of Tajikistan, the Ministry of Labor, Migration and Employment of the Republic of Tajikistan and the State Committee for National Security of the Republic of Tajikistan.
2. The Parties shall immediately inform each other through diplomatic channels about changes concerning the competent authorities referred to in paragraph 1 of this article.
3. In order to implement the provisions of the Agreement and this Executive Protocol, the central competent authorities of the States of the Parties shall interact directly with each other.
4. The competent authorities of the States of the Parties shall immediately notify each other in writing of changes in their contact details.
Article 2 Proof of citizenship
1. The citizenship of the States of the Parties is confirmed by the following documents:
for the Republic of Kazakhstan:
1) passport of a citizen of the Republic of Kazakhstan;
2) identity card of a citizen of the Republic of Kazakhstan;
3) the diplomatic passport of the Republic of Kazakhstan;
4) official passport of the Republic of Kazakhstan;
5) Seaman's identity card;
6) Certificate of return;
7) birth certificate of the child (if there is an entry in the passport of one of the parents);
for the Republic of Tajikistan:
1) a diplomatic passport of a citizen of the Republic of Tajikistan;
2) official passport of a citizen of the Republic of Tajikistan;
3) passport of a citizen of the Republic of Tajikistan (including an ID card);
4) a foreign passport of a citizen of the Republic of Tajikistan;
5) identification card (military ID) military personnel;
6) birth certificate if there is an entry in the passport of one of the parents and with information about the citizenship of the Republic of Tajikistan of a person under the age of 16;
7) certificate of return to the Republic of Tajikistan.
2. There are grounds to believe that a person is a citizen of the States of the Parties, if any:
1) documents specified in paragraph 1 of this Article, the validity of which has expired;
2) copies of the documents specified in paragraph 1 of this Article;
3) a foreigner's residence permit, a certificate of a stateless person, a refugee certificate;
4) an application in the form provided for in Annex 1 to this Executive Protocol, filled in by the person subject to readmission;
5) written explanations of witnesses obtained legally by the relevant competent authorities;
6) written information from competent government officials;
7) positive results of the interview with the person to be readmitted.
3. The issue of the possibility of taking into account the documents specified in paragraph 2 of this Article when considering a readmission request is decided by the central competent authority of the requested Party's State.
Article 3 Evidence of the existence of grounds for the readmission of third-country nationals and stateless persons
1. The following documents (including expired ones) are proof of the existence of grounds for the readmission of third-country nationals and stateless persons:
1) the entry/exit mark of the relevant competent authorities of the States of the Parties in the identity document granting the right to cross the state border;
2) the entry/exit mark of the relevant competent authorities of the States of the Parties in the forged document;
3) a residence permit for a foreigner in the territory of the requested Party's State;
4) a valid refugee ID and travel document issued by the State of the requested Party;
5) a document certifying the identity of a citizen of a third country or a stateless person, with a mark granting the right to reside in the State of the requested Party.
2. The documents referred to in paragraph 1 of this Article shall be recognized by the Parties without additional formalities.
Article 4 Interview
1. An interview with the person referred to in paragraph 1 of Article 2 of the Agreement shall be conducted in accordance with paragraph 4 of Article 2 of the Agreement at the request of the central competent authority of the requesting State.
The interview is conducted by an employee of the diplomatic mission or consular institution of the State of the requested Party in the State of the requesting Party.
2. The interview must be conducted within a period not exceeding 14 calendar days from the date of receipt by a representative of the competent authority of the State of the requested Party located in the territory of the State of the requesting Party, or (in the case provided for in paragraph 2 of this Article) by the diplomatic mission or consular institution of the State of the requested Party in the State of the requesting Party of a request for an interview drawn up in accordance with Annex 2 to this Executive Protocol.
3. The date, time and place of the interview shall be agreed upon by the competent authorities of the States of the Parties in each specific case.
Article 5 Content and procedure for sending a readmission request, as well as the procedure for sending a response to it
1. A request for readmission, drawn up in accordance with Annex 3 to this Executive Protocol, shall be sent by the competent authority of the State of the requesting Party to the competent authority of the State of the requested Party by mail and, if necessary, additionally by means of technical means of transmitting information within the time limits established by Article 4 of the Agreement.
2. The request for the readmission of nationals of the States of the Parties shall be accompanied by the documents at the disposal of the requesting Party provided for in Article 2 of this Executive Protocol, the presence of which confirms or gives reason to assume that the person subject to readmission has the nationality of the State of the requested Party.
3. The request for the readmission of third-country nationals and stateless persons shall be accompanied by the documents at the disposal of the requesting Party provided for in Article 3 of this Executive Protocol, the availability of which confirms the grounds for the readmission of these persons.
4. The response to the readmission request shall be sent to the competent authority of the requesting Party's State by the competent authority of the requested Party's State in writing by mail and, if necessary, additionally by technical means of transmitting information within the time limits established by paragraph 2 of Article 5 of the Agreement, drawn up in accordance with Annex 5 to this Executive Protocol.
Article 6 Procedure for sending and responding to a transit request
1. A transit request drawn up in accordance with Annex 4 to this Executive Protocol shall be sent by the competent authority of the State of the requesting Party to the competent authority of the State of the requested Party by mail and, if necessary, additionally by means of technical means of transmitting information within the time limits established by paragraph 3 of Article 7 of the Agreement.
2. The response to the transit request is sent to the competent authority of the requesting Party's State by the competent authority of the requested Party's State in writing by mail and, if necessary, additionally by means of technical means of transmitting information within the time limits established by paragraph 4 of Article 7 of the Agreement.
Article 7 Escort of a person subject to readmission or transit
1. If it is necessary to readmit or transit an escorted person, the competent authority of the State of the requesting Party shall inform the competent authority of the State of the requested Party of the names, surnames and positions of the accompanying persons, the type, number, date of issue and validity of their passports, as well as the estimated duration of their stay in the territory of the State of the requested Party.
2. Accompanying persons are obliged to comply with the national legislation of the requested Party's State during their stay in its territory.
3. Accompanying persons must be in civilian clothes, as well as have valid passports and documents indicating an agreed agreement regarding readmission or transit.
4. Accompanying persons may not carry weapons and other items that are restricted or withdrawn from circulation in the territory of the requested Party's State.
5. The central competent authorities of the States of the Parties shall cooperate with each other on all issues related to ensuring the stay of accompanying persons in the territory of the State of the requested Party. In this case, the competent authorities of the State of the requested Party, if necessary, provide possible assistance to accompanying persons.
Article 8 Readmission or transit procedure
1. Readmission or transit of persons is carried out at all checkpoints across the state border of the States of the Parties.
2. The date and time of readmission or transit, as well as the checkpoints used for this purpose across the state border of the States of the Parties, are determined by mutual agreement of the competent authorities of the States of the Parties in each specific case.
3. The competent authority of the requesting Party's State shall notify the competent authority of the requested Party's State of the conditions of such transfer no later than 10 working days prior to the planned date of transfer of the person to be readmitted.
The competent authority of the requested Party's State shall notify the competent authority of the requesting Party's State of the acceptability of the transfer conditions no later than 7 working days after the date of receipt of such information.
4. If the terms of transfer proposed by the competent authority of the requesting State are unacceptable to the competent authority of the requested State, other terms of transfer must be agreed upon as soon as possible.
Article 9 Language
In order to implement the provisions of the Agreement and this Executive Protocol, the documents provided for in Annexes 1, 2, 3, 4, and 5 to this Executive Protocol shall be drawn up by the competent authorities of the States of the Parties in Russian.
Article 10 of the Annex
Annexes 1, 2, 3, 4 and 5 to this Executive Protocol are its integral parts.
Article 11 Final provisions
1. This Executive Protocol shall enter into force and terminate simultaneously with the Agreement.
2. Amendments and additions may be made to this Executive Protocol by mutual agreement of the Parties, which are its integral parts and are formalized in separate protocols.
Done in Astana, on March 14, 2018, in two copies, each in the Kazakh, Tajik and Russian languages, all texts being equally authentic.
In case of a discrepancy between the texts, the Parties refer to the text in Russian.
For the Government Republic of Kazakhstan
For the Government of the Republic of Tajikistan
Appendix 1 to the Executive Protocol on the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the readmission of persons
APPLICATION OF a person subject to readmission in accordance with the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the readmission of persons
from "_____" ______________ 20 ___ G.
1. Full name (underline last name)_________________________________________ 2. Former surname ________________________________________________________ 3. Date and place of birth____________________________________________________ 4. Identification document (no. and date of issue) _______________________ 5. Citizenship_____________________________________________________________ 6. Information about close relatives residing in the territory of the requested Party's State __________________________________________________________________________ 7. The address of the place of residence in the territory of the requested State The parties __________________________________________________________________ 8. Date of entry into the territory of the requesting State __________________________________________________________________________ 9. The method of entry into the territory of the requesting State The parties__________________________________________________________________ 10. Purpose of entry into the territory of the requesting State The parties__________________________________________________________________ 11. Other information __________________________________________________________ __________________________________________________________________________ Personal signature "____"______________20___ G. The place where the application was drawn up ________________________________________________ Signature of the representative of the competent authority of the requesting State___________________________________
Appendix 2 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the readmission of persons
Official letterhead of the competent authority of the States of the Parties
Request for an interview in accordance with article 4 of the Executive Protocol on the implementation Procedure Agreements between the Government of the Republic of Kazakhstan and the Government of of the Republic of Tajikistan on the readmission of persons
from "___" ______________ 20_____ g
But. Personal data:
1. Full name (underline last name)____________ _____________________________________________
Photo
2. Former surname ___________________________ _____________________________________________
3. Date and place of birth_______________________ _____________________________________________
4. Gender and physical description (height, eye color, distinguishing features, etc.) 5. Also known as (former names, other names used by the person they are known by, or pseudonyms) _______________________________________________________________________________ 6. Citizenship and language____________________________________________________________ 7. Marital status:
married (married)
single
divorced
widower (widow)
The spouse's name (if married, married) and his location ________________________________________________________________________________ ________________________________________________________________________________ The names and ages of the children (if any) and their location ________________________________________________________________________________ ________________________________________________________________________________ 8. Last location in the requesting Party's State __________________ 9. Last address in the requested Party's State ________________________________________________________________________________ ________________________________________________________________________________ 10. Information about travel routes_____________________________________________ ________________________________________________________________________________ 11. Health status, medical restrictions, and recommendations ________________________________________________________________________________ 12. Documents available to the person: _________________________________ _________________________________ ( type of document) (date and place of issue) _________________________________ _________________________________ ( the authority that issued the document) (expiration date) B. Note The location of the interview ___________________________________________________ Signature of the representative of the competent authority of the requesting State_________________________________________ MP
Appendix 3 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the readmission of persons
Official letterhead of the competent authority of the States of the Parties
Request for readmission in accordance with article 5 of the Executive Protocol on the Implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the Readmission of Persons
from "_____" _______________20___ G.
But. Personal data
1. Full name (underline last name)____________ _____________________________________________
Photo
2. Former surname ___________________________ _____________________________________________
3. Date and place of birth_______________________ _____________________________________________
4. Gender and appearance description (height, eye color, distinguishing features, etc.) ________________________________________________________________________________ 5. Also known as (former names, other names used by the person they are known by, or pseudonyms) ________________________________________________________________________________ 6. Citizenship and language_____________________________________________________________ 7. Information about issued residence permits, temporary residence permits or visas ________________________________________________________________________________ 8. Marital status____________________________________________________________
married (married)
single
divorced
widower (widow)
widower (widow)
The spouse's name (if married, married) and his location ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ The names and ages of the children (if any) and their location _______________________________ 9. Last location in the requesting Party's State___________________ ________________________________________________________________________________ 10. Last address of residence in the requested Party's State ________________________________________________________________________________ ________________________________________________________________________________ 11. Information about travel routes_____________________________________________ ________________________________________________________________________________ 12. Grounds for making a decision on the illegal entry or stay of a person in the territory of the requesting State ________________________________________________________________________________ B. Special circumstances related to the transferred person 1. State of health (possible indications of the need for special medical care, the name of the infectious disease, etc.) 2. A note about the special danger of a person (suspected of committing a crime, a tendency to aggressive behavior, etc.) ________________________________________________________________________________ B. Attached proof of citizenship 1. Documents confirming citizenship: _______________________________ _________________________________ ( type of document) (date and place of issue) _______________________________ _________________________________ ( issuing authority) (expiration date) 2. Documents giving grounds to assume citizenship_____________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ G. Note ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Signature of the representative of the competent authority of the requesting State _________________________________________ MP.
Appendix 4 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the readmission of persons
Official letterhead of the competent authority of the States of the Parties
Request for transit in accordance with article 6 of the Executive Protocol on the procedure for the Implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the Readmission of Persons
from "_____"_____________20___ G.
But. Personal data
1. Full name (underline last name)____________ _____________________________________________
Photo
2. Former surname ___________________________ _____________________________________________
3. Date and place of birth_______________________ _____________________________________________
4. Gender and appearance description (height, eye color, distinguishing features, etc.) ________________________________________________________________________________ 5. Also known as (former names, other names used by the person they are known by, or pseudonyms) ________________________________________________________________________________ 6. Citizenship and language_____________________________________________________________ ________________________________________________________________________________ 7. Type and number of travel document________________________________________________ ________________________________________________________________________________ B. Special circumstances related to the transferred person 1. State of health (possible indications of the need for special medical care, the name of the infectious disease, etc.) ________________________________________________________________________________ 2. A note about the special danger of the person (suspected of committing a crime, a tendency to aggressive behavior, etc.) ________________________________________________________________________________ ________________________________________________________________________________ V. Transit operation 1. Destination State ________________________________________________________________________________ ________________________________________________________________________________ 2 Other possible transit States____________________________________________ 3. Proposed place of crossing the state border, date, time ________________________________________________________________________________ ________________________________________________________________________________ 4. Information about accompanying persons ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ G. Note ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ The acceptance of a person is guaranteed by another transit State and/or destination State. Signature of the representative of the competent authority of the requesting State _________________________________________ M.P.
Appendix 5 to the Executive Protocol on the procedure for the implementation of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Tajikistan on the readmission of persons
Official letterhead of the competent authority of the States of the Parties
RESPONSE TO A READMISSION/TRANSIT REQUEST
RESPONSE DATE:…………………………………….. 1- THE DECISION MADE
allow
deny
GROUNDS FOR REFUSAL IN CASE OF A NEGATIVE DECISION
2
SPECIAL MARKS
NAME OF THE OFFICIAL SEAL AND SIGNATURE RCPI's note! The text of the Agreement and Protocol in Tajik is attached.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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