Статья 12«Соглашение между Правительством Российской Федерации и Правительством Монголии о реадмиссии» [рус., англ.]

Заключительные положения

1. Настоящее Соглашение вступает в силу по истечении 30 календарных дней с даты получения по дипломатическим каналам последнего письменного уведомления о выполнении Сторонами внутригосударственных процедур, необходимых для его вступления в силу.

2. Стороны по взаимному согласию могут вносить изменения в настоящее Соглашение, которые вступают в силу в порядке, предусмотренном для вступления в силу настоящего Соглашения.

3. Настоящее Соглашение заключается на неопределенный срок и его действие прекращается по истечении 90 календарных дней с даты получения одной Стороной по дипломатическим каналам письменного уведомления другой Стороны о ее намерении прекратить его действие.

4. В случае прекращения действия настоящего Соглашения Стороны урегулируют обязательства, возникшие в период его действия.

Совершено в г. Улан-Баторе 3 сентября 2014 года в двух экземплярах, каждый на русском, монгольском и английском языках, причем все тексты имеют одинаковую силу.

В случае разногласий при толковании настоящего Соглашения Стороны используют текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF MONGOLIA ON READMISSION

(Ulaanbaatar, 3.IX.2014)

The Government of the Russian Federation and the Government of Mongolia, hereinafter referred to as the Parties,

guided by the desire to develop between their States the relations of good-neighborliness and partnership, as well as cooperation in various fields,

being convinced that introduction of principles and standards agreed upon by the Parties, setting the procedure for the return, admission and transfer of persons staying in the territory of their States in violation of the applicable procedure of entry and stay of foreign nationals and stateless persons is an important element of regulating migration processes and the contribution into the fight against illegal migration,

respecting the sovereign right of each State of the Parties to establish, in accordance with its legislation, responsibility for the illegal migration into or through its territory of foreign nationals and stateless persons,

emphasizing that this Agreement does not prejudice the rights, liabilities and responsibility of the States of the Parties under the international law set forth, in particular, in the Universal Declaration of Human Rights of 10 December 1948; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984,

noting the growing interest of the States of the Parties in harmonizing their respective national legislation in the field of migration,

have agreed as follows:

In this Agreement the terms given below shall have the following meaning:

«readmission» — the transfer by the competent authorities of the State of the requesting Party and admission by the competent authorities of the State of the requested Party, according to the procedure, conditions and purposes set forth in this Agreement, of persons who have entered into or stay in the territory of the State of the requesting Party in violation of the legislation of that State on entry, exit and stay of foreign nationals and stateless persons;

«requesting Party» — the Party whose central competent authority of the State submits a readmission request of a person in accordance with this Agreement;

«requested Party» — the Party to which central competent authority of the State a readmission request is addressed in accordance with Agreement;

«competent authorities» — the authorities of the States of the Parties entrusted with the implementation of this Agreement;

«central competent authority» — the competent authority of the State of each Parties which carries the main responsibility for the implementation of the Agreement;

«border crossing point» — border crossing point of the Russian Federation or border crossing point of Mongolia, established in accordance with the legislation of both Parties or international treaties;

«Implementing Protocol» — the Implementing Protocol on the procedure for the implementation of this Agreement.

1. The competent authorities of the State of the requested Party shall admit, upon the request of the central competent authorities of the State of the requesting Party, persons who have entered into or stay in the territory of the State of the requesting Party in violation of the legislation of that State on entry, exit and stay of foreign nationals and stateless persons, if it has been proved that they are nationals of the State of the requested Party, as well as nationals of the State of the requested Party, who have served prison punishment in the form of deprivation of liberty on the territory of the State of the requesting Party.

2. If necessary, the competent authorities of the State of the requested Party shall issue to the person to be readmitted, irrespective of his/her will, the documents necessary for his/her entry into the territory of that State.

3. The documents forming the basis for proving the presence of the persons' citizenship of the State of the requested Party are specified in the Implementing Protocol.

Within 30 calendar days from the date of entry into the force of the Implementing Protocol, the Parties shall exchange through diplomatic channels the specimens of the abovementioned documents. Subsequently, each Party shall notify immediately the other Party through diplomatic channels, of any changes in the specimens of these documents.

4. If none of the documents specified in paragraph 3 of this Article cannot be presented, the competent authorities of the States of the Parties shall agree to organize in the territory of the State of the requesting Party the interview with a person to be readmitted in order to collect any data concerning his/her citizenship.

5. The competent authorities of the State of the requesting Party shall admit back the transferred person within period of 30 calendar days from the date of his/her transfer if the results of the examination received by the requested Party after the transfer of the person prove the absence of necessary conditions for his/her readmission (readmission in error). In this case the central competent authority of the State of the requested Party shall transfer to the central competent authority of the State of the requesting Party all the materials at its disposal in respect of the person in question.

1. For the transfer of a person to be readmitted, there shall be required the submission of a readmission request by the central competent authority of the State of the requesting Party to the central competent authority of the State of the requested Party.

2. The readmission request shall not be needed when the person to be readmitted is in possession of a valid identity card of the citizens of the State of the requested Party. The transfer of such persons shall be carried out in accordance with the readmission procedure mentioned in Article 7 of the Implementing Protocol.

1. A readmission request can be submitted by central competent authority of the requesting Party upon the results of establishment of the fact of illegal entry into the territory of the State of the requesting Party or the illegal stay of citizens of the State of the requested Party on the territory of the State of the requesting Party.

2. Within 30 calendar days from the date of receipt of the readmission request the central competent authority of the State of the requested Party shall give its consent for readmission or the reasonable refuse if the competent authorities of the State of the requested Party determine the absence of conditions for the transfer of that person, as provided for by paragraph 1 of Article 2 of this Agreement. Where there are legal or factual obstacles for timely reply to the readmission request of the person, the time limits shall, upon duly motivated written request of the central competent authority of the State of the requested Party, be extended up to 60 calendar days.

3. Reasons shall be given for refusal of a readmission request.

1. Unless the central competent authorities of the States of the Parties agree otherwise in each particular case, the transfer of persons in respect of whom the requested Party has given its consent for readmission, shall be made within 30 calendar days from the date of the receipt of such consent by the requesting Party.

2. The time limit specified in paragraph 1 of this Article may be extended if the person to be readmitted cannot be transferred to the competent authority of the State of the requested Party due to occurrence of circumstances objectively preventing the transfer, in particular, serious illness of the person to be readmitted or the impossibility of timely identification of his/her location in the territory of the State of the requesting Party.

3. If it is impossible to transfer a person, the central competent authority of the State of the requesting Party shall forward a relevant written notification to the central competent authority of the State of the requested Party.

The personal data which the competent authorities of the States of the Parties shall exchange or sent to each other in connection with the implementation of this Agreement shall be protected in the State of each Party in compliance with its legislation on personal data protection and international treaties to which the States of the Parties are participants.

In addition, the following principles shall apply:

a) personal data must be used only for the purposes of this Agreement;

b) the competent authorities of the States of Parties shall provide for confidentiality of the personal data received under this Agreement, shall not disclose such data to a third party, unless authorized in writing by the competent authorities, submitting such personal data, and shall notify the competent authorities, which has submitted such personal data, on the manner such data will be used in;

c) the competent authorities of the States of the Parties shall ensure protection of the personal data from the loss, illegal access, alteration or disclosure.

1. The costs incurred in connection with the readmission and possible escorting of the persons referred to in paragraph 1 of Article 2 of this Agreement to the border crossing point of the State of the requested Party, shall be borne by the requesting Party, unless these costs can be paid by such persons by themselves or by a third party.

2. The costs incurred in connection with the transfer of persons specified in paragraph 5 of Article 2 of this Agreement and their possible escorting up to the border crossing point of the State of the requesting Party, shall be borne by the Party action or inaction of which led to the situation when the person transferred without grounds for the readmission.

3. Transport costs incurred in connection with carrying out of the interview referred to in paragraph 4 of Article 2 of this Agreement shall be borne by the requesting Party unless such costs can be paid by persons subject to the interview or by third party.

The Parties conclude an Implementing Protocol, which covers, rules on, including:

a) the competent authorities and distribution of competence between them;

b) the content and procedure of forwarding of the readmission request;

c) the procedure of interviewing;

d) the procedure of the readmission;

e) the transfer of persons with escorting;

f) the procedure of the cost reimbursement related to the implementation of this Agreement.

1. Each Party may suspend this Agreement, either in whole or in part, for the reasons of national security, public order or public health.

2. One Party shall notify the other Party in writing, on the suspension or resumption of this Agreement through diplomatic channels not later than 72 hours before this decision enters into force.

1. All disputable questions arising in relationships between the Parties and connected with the implementation or interpretation of this Agreement shall be settled by the consultations and negotiations between them.

2. The procedure of consultation and negotiation shall be determined by the arrangement between the Parties.

1. This Agreement shall not affect the rights and obligations of either Party arising from other international treaties to which its State is a Party.

2. Nothing in this Agreement shall prevent the return of this or that person on the basis of other international treaties to which the State of one of the Parties is a party to.

1. This Agreement shall enter into force on the date following after the expiration of 30 calendar days after the date of receiving through diplomatic channels of the last written notification of the fulfillment by the Parties of their internal procedures necessary for its entry into force.

2. The Parties may upon mutual consent make amendments to this Agreement, which shall enter into force according to the procedure provided for the entry into force of this Agreement.

3. This Agreement shall be concluded for an indefinite period and shall be terminated after the expiration of 90 calendar days from the date of receipt by one of the Parties through diplomatic channels of a written notification of the other Party of its intention to terminate it.

4. In case of termination of this Agreement the Parties shall settle the obligations which have arisen during the period of its action.

Done at Ulaanbaatar on the 3 of September, 2014 in two original copies, each in the Russian, Mongolian and English languages, all texts being equally authentic.

In case of divergence in interpretation of this Agreement, the English text shall be used.

---