On the ratification of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan on the Regulation of Migration Processes

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan on the Regulation of Migration Processes

On the ratification of the Agreement between the Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan on the Regulation of Migration Processes

The Law of the Republic of Kazakhstan dated December 13, 2000 No. 111-II.

RCPI's note! The Agreement was terminated by the Law of the Republic of Kazakhstan dated December 24, 2014 No. 266-V.

To ratify the Agreement between the Government of the Republic of Kazakhstan,

By the Government of the Kyrgyz Republic and the Government of the Republic of

Uzbekistan on the regulation of population migration processes, made in

Almaty, August 7, 1997.

President

Republic of Kazakhstan

The Council of Prime Ministers

Agreement

between the Government of the Republic of Kazakhstan and the Government of

of the Kyrgyz Republic and the Government of the Republic of

Uzbekistan on the regulation of migration processes

The Government of the Republic of Kazakhstan, the Government of the Kyrgyz Republic and the Government of the Republic of Uzbekistan, hereinafter referred to as the Parties,

Based on the Treaty of Eternal Friendship between the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Uzbekistan dated January 10, 1997, signed in Bishkek;

guided by the norms of international law;

Considering as a priority the task of ensuring the protection of the rights and legitimate interests of its citizens;

Striving to provide a legal basis for cooperation between the Parties in the field of regulating migration processes;

Considering cooperation on the prevention and suppression of illegal migration as one of the important areas of regulation of migration processes in the territory of the States of the Parties;

have agreed on the following:

Article 1

This Agreement defines the main areas of cooperation between the Parties in the field of migration regulation.

It applies to citizens of the States of the Parties, who, regardless of their country of residence, can enter or leave the territory of the State of the other Party upon presentation of a document certifying the citizenship of the States of the Parties.

The Parties recognize that any coercion of persons to migrate is unacceptable.

Article 2

The terms used in this Agreement have the following meaning:

A migrant is a person who voluntarily leaves the State of his permanent residence and moves to the territory of another State with the permission of the State of entry within the established quota.

The migrant's family members are his/her spouse, their parents, minor children, including those who were adopted, as well as minor brothers and sisters who do not have parents or guardians, and other relatives who are dependent on him/her.

The State of departure is the state of the migrant's former permanent residence.

The State of entry is the State where the migrant arrived.

Article 3

This Agreement does not apply.:

a) to the refugees;

b) migrant workers;

c) to persons who have committed crimes against peace and humanity;

d) persons who have committed a serious criminal offense in the last 15 years, or if a criminal case has been initiated against them;

e) persons infected with AIDS, suffering from alcoholism or drug addiction, quarantined and infected with particularly dangerous infectious diseases;

f) to persons whose entry has been postponed until they fulfill their property and official obligations to state, cooperative, public or other organizations and institutions, private individuals;

g) to persons temporarily staying in the territory of either Party in connection with work in international organizations or diplomatic missions, as well as with studies, private and business (official) trips.

Article 4

Entry permits are granted to migrants in accordance with the laws of the State of entry and international legal norms.

Article 5

Each Party reserves the right to set an immigration quota for each calendar year, which determines the maximum number of immigrants, the material and financial resources necessary for their admission, settlement, adaptation and employment, as well as the regions where they should be resettled.

The Parties recognize the right of persons to move independently to the territory of one of the States. The provisions of this Agreement do not apply to persons who have relocated independently.

Article 6

The Parties shall ensure on their territory the protection of migrants and their family members from any acts of violence and threats, as well as other actions based on gender, race, language, religion and beliefs, political and other views, national, ethnic or social origin, economic, property and marital status, both on the part of officials, The same applies to individuals, groups, public associations and other organizations in accordance with the laws of the States of the Parties.

Article 7

Migrants and their family members have the right to:

a) to remove from the State of departure all movable property declared prior to departure, which is in their personal possession, subject to restrictions related to the export of cultural property recognized in accordance with the legislation of the State of departure as its national heritage;

b) sell or otherwise dispose of the property that is their personal property and take it out of the state of departure, as well as import the received funds into the state of entry in accordance with the declared procedure in accordance with the legislation of the state of departure in the field of currency regulation;

c) transfer personal monetary deposits and assets deposited in the banking institutions of the State of departure to the banking institutions of the State of entry in accordance with the legislation of the State of exit;

d) to leave movable and immovable property, monetary deposits and assets belonging to them on the territory of the State of departure, and to exercise the right of possession, use and disposal in relation to them.

Movable and immovable property may not be alienated by the authorities of the State of departure on the basis that its owner is a person permanently residing outside the State or who is not a citizen of the State of departure, except in cases provided for by the legislation of the State of departure.

Article 8

With regard to State, municipal (communal) or departmental housing, the State of departure grants migrants and their family members the right to privatize the housing they actually occupy and enter into transactions with individuals and legal entities in accordance with the legislation of the State of departure.

The funds received as a result of the transaction, after paying the relevant taxes and duties, are the property of the migrant.

The ownership, use and disposal of property owned by migrants is carried out by them in full.

Civil law disputes concerning property located on the territory of the State of departure between migrants and members of their families, on the one hand, and interested parties, on the other hand, are settled in court on the territory of the State of departure and in accordance with its legislation and this Agreement.

The competent authorities of the State of entry recognize the decisions of the courts of the State of exit that have entered into force in these disputes, including for the purposes of enforcement in the territory of the State of entry.

Article 9

The State of departure does not prevent migrants and their family members from selling or otherwise disposing of their housing and other property.

The Parties shall not prevent migrants from exchanging housing in accordance with the procedure established by the legislation of the States of the Parties.

Article 10

The Parties shall ensure that migrants and their family members are exempt from restrictions on the import and export of their personal property (with the exception of items prohibited from export by the law of the State of exit and from import by the law of the State of entry).

Payment of customs duties, taxes and related charges

it is made according to the legislation of the states of the Parties.

Cash being exported and cash deposits and assets being transferred

are exempt from fees and duties, except for those that represent

it represents a fee for translation services.

Article 11

The Parties shall take measures to bring their national legislations closer together.

and regulatory acts aimed at regulating migration processes.

The Parties will intensify their activities in the field of:

- Cooperation in the field of border control;

- information interaction in statistical accounting

immigrants;

- developing a unified approach to the prevention and suppression of illegal

migrations.

Article 12

The parties inform each other:

- on national legislation and other regulatory acts in the field of

migration areas;

- about changes in the requirements for registration of documents for departure to

the territory of the States of the Parties.

Article 13

The Parties shall coordinate migration activities and monitor compliance with this Agreement.:

Republic of Kazakhstan - to the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan;

Kyrgyz Republic - to the Ministry of Labor and Social Protection of the Kyrgyz Republic;

Republic of Uzbekistan - to the Ministry of Labor of the Republic of Uzbekistan.

Article 14

All issues related to the interpretation and application of this Agreement are resolved through consultations and negotiations between the Parties. By mutual agreement of the Parties, amendments and additions may be made to this Agreement, which are formalized by protocols that are an integral part of this Agreement.

Article 15

This Agreement shall enter into force on the date of deposit with the depositary of the last notification on the completion by the signatories of the internal procedures necessary for its entry into force, and shall be valid for 5 years. By mutual agreement, the Parties may extend its validity period.

Each Party may terminate its participation in the Agreement by sending an official written notification to the depositary of its intention to withdraw from the Agreement at least 6 months in advance.

Done in Almaty on August 7, 1997, in one original

a copy in Russian.

The original copy is in the Executive Committee.

The Interstate Council of the Republic of Kazakhstan, the Kyrgyz Republic and

Of the Republic of Uzbekistan, which sends to each Participating State

a certified copy of it.

For the Government For the Government For the Government

Republics Of the Kyrgyz Republic

Kazakhstan Republic Uzbekistan

(Experts: Umbetova A.M.,

Sklyarova I.V.)

President

Republic of Kazakhstan

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