for the Republic of Kazakhstan: the territory of the Republic of Kazakhstan;
Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en de Republiek Kazachstan betreffende de terug- en overname
Geldig vanaf 1 juni 2017
Geldig vanaf 1 juni 2017
Overeenkomst tussen de Benelux-Staten (het Koninkrijk België, het Groothertogdom Luxemburg en het Koninkrijk der Nederlanden) en de Republiek Kazachstan betreffende de terug- en overname
Opschrift
Agreement between the States of the Benelux (the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands) and the Republic of Kazakhstan on readmission
Preambule
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 11 April 1960 (the States of the Benelux) and the Republic of Kazakhstan
hereinafter referred to as “the Parties”,
Striving to reconfirm their common desire to effectively combat the illegal immigration of their respective nationals as well as of third State nationals,
Striving to promote cooperation between the Parties and on the basis of reciprocity to facilitate the readmission of persons who have entered and/or are residing on the territory of another Party without authorisation, and the transit of persons to be removed in accordance with the norms of international law,
Striving to establish an obligation to readmit the third State nationals between the Parties, under the conditions set forth in this agreement,
Concerned to ensure that such readmission takes place quickly and safely, according to procedures which guarantee respect for human dignity,
Acknowledging the necessity to observe the human rights and freedom and noting that the present Agreement shall not prejudice the rights and obligations of the Parties under the Universal Declaration of Human Rights (UDHR) of 10 December 1948 and international law, in particular the Convention of 28 July 1951 relating to the Status of Refugees, as amended by the Protocol of 31 January 1967 relating to the Status of Refugees, the Convention of 28 September 1954 relating to the Status of Stateless Persons, the International Covenant of 16 December 1966 on Civil and Political Rights, the Convention of 10 December 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Taking into consideration that cooperation on readmission and simplification of state border-crossing between the Parties is of common interest,
Have agreed as follows:
Article 1. Definitions and scope
For the purposes of this Agreement, the following terms shall be understood to have the following meanings:
“Territory:
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for the States of the Benelux: the combined territory in Europe of the Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands;
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“Readmission”: the transfer by the competent authority of the requesting Party and admission by the competent authority of the requested Party of nationals of the requested Party, nationals of the third States and stateless persons, who illegally entered, reside or live in the territory of the requesting Party;
“Own national”: anyone who has the nationality of the Republic of Kazakhstan or of one of the States of the Benelux;
“Third State national”: anyone who does not have the nationality of the Republic of Kazakhstan or of one of the States of the Benelux;
“Stateless person”: a person who is not considered as a national by any State under the operation of its law;
“Requesting Party”: the Party on the territory of which, a person who has entered and/or is residing without authorisation is to be found and which requests the readmission of this person or his transit, under the conditions set forth in this Agreement;
“Requested Party”: the Party which is asked to readmit a person who has entered and/or is residing without authorisation to its territory or to allow his transit over its territory, under the conditions set forth in this Agreement;
“Residence permit”: a formal authorisation issued by one of the Parties, regardless of what type, which gives a person the right to stay in the territory of the Republic of Kazakhstan or in the territory of one of the States of the Benelux. This does not include a temporary permission to reside in the territory the Republic of Kazakhstan or in the territory of one of the States of the Benelux with a view to the processing of an asylum application or of a request for a residence permit.
“Transit”: the passage of a third State national or a stateless person through the territory of the requested Party while travelling from the territory of the requesting Party to the country of destination