Статья 11«Соглашение между Правительством Российской Федерации и Правительством Исламской Республики Пакистан о реадмиссии» [рус., англ.]

Заключительные положения

1. Настоящее Соглашение вступает в силу по истечении 30 календарных дней со дня 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 в настоящее Соглашение изменения, которые оформляются отдельными протоколами.

3. Настоящее Соглашение заключается на неопределенный срок. Действие настоящего Соглашения прекращается по истечении 60 календарных дней со дня получения одной Стороной по дипломатическим каналам письменного уведомления другой Стороны о ее намерении прекратить действие настоящего Соглашения.

AGREEMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE ISLAMIC REPUBLIC OF PAKISTAN

The Government of the Russian Federation and the Government of the Islamic Republic of Pakistan, hereinafter referred to as «the Parties»,

guided by the desire to develop partner relations between the two States, as well as cooperation between them in various fields, including combating illegal migration,

being convinced that the implementation of principles and norms agreed upon by the Parties and determining the procedure of return, transfer and admission of nationals of the State of one Party staying in the territory of the State of the other Party in violation of the applicable procedure of entry, exit and stay (residence) of foreign nationals is an important element of regulating migration processes and a contribution in the fight against illegal migration,

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

emphasizing that this Agreement shall be without prejudice to the rights and obligations of the States of the Parties under the international law, including the norms of the international law enshrined in particular in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of December 10, 1984,

have agreed as follows:

Article 1

«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, in accordance with the procedure, conditions and for the purposes set forth in this Agreement, of nationals of the State of the Requested Party who have entered into or stay in the territory of the State of the Requesting Party in violation of the legislation of the State of the Requesting Party governing entry, exit and stay (residence) of foreign nationals;

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

«Requested Party» — the Party, to the central competent authority of whose State a request for readmission of a person is sent in accordance with this Agreement;

«Competent authorities» — the authorities of the States of the Parties responsible for the implementation of this Agreement;

«Central competent authorities» — the competent authorities which are entrusted with main tasks for the implementation of this Agreement;

«Nationals of the States of the Parties» — the persons having the nationality of the Russian Federation according to the legislation of the Russian Federation and the persons having the nationality of the Islamic Republic of Pakistan according to the legislation of the Islamic Republic of Pakistan;

«State border crossing point» — a checkpoint at the state border of the Russian Federation or of the Islamic Republic of Pakistan, established according to the legislation of the State of the respective Party;

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

«Personal data» — any information relating to an individual identified or identifiable on the basis of such information.

1. The competent authorities of the State of the Requested Party upon the request of the central competent authority of the State of the Requesting Party shall admit persons who have entered into or are staying in the territory of the State of the Requesting Party, in violation of the legislation of this State governing entry, exit and stay (residence) of foreign nationals, if they are found to be nationals of the State of the Requested Party.

If for any reasons the persons to be readmitted may not be transferred during the validity period of these documents, the competent authority of the State of the Requested Party shall immediately issue new documents to such persons, that are necessary for their entry into the territory of the State of the Requested Party.

Within 30 calendar days from the date the Implementing Protocol enters into force, the central competent authorities shall exchange specimens of such documents through diplomatic channels. Later on the central competent authorities shall notify each other of any changes in such documents in writing through diplomatic channels immediately.

4. If none of the documents envisaged by paragraph 3 of this Article can be presented, the central competent authorities shall agree an interview with a person to be readmitted in the territory of the State of the Requesting Party in order to collect data concerning his/her nationality.

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

7. In case the person specified in paragraph 1 of this Article has a valid document proving the identity of a national of the State of the Requested Party, a request for readmission shall not be required. The transfer of such persons shall be carried out according to Article 7 of the Implementing Protocol.

Timeframe for consideration of requests for readmission

Within 30 calendar days from the date the request for readmission relating to a national of the State of the Requested Party is received, the central competent authority of the State of the Requested Party shall give its consent to the admission of such person or a motivated refusal if the competent authorities of the State of the Requested Party establish the absence of necessary conditions for the transfer of this person, envisaged by paragraph 1 of Article 2 of this Agreement. Where there are legal or factual circumstances hampering a timely reply to the request for readmission, the timeframe of the reply shall be extended up to 60 calendar days, upon a motivated application of the central competent authority of the State of the Requested Party to the central competent authority of the State of the Requesting Party.

1. The transfer of persons in respect of whom the Requested Party has given its consent for admission, shall be made within 30 calendar days from the date the Requesting Party receives such consent, unless the central competent authorities agree otherwise on a case-by-case basis.

3. If it is impossible to transfer the person to be readmitted, the central competent authority of the State of the Requesting Party shall send a relevant written notification to the central competent authority of the State of the Requested Party.

Personal data protection

The personal data which the competent authorities of the States of the Parties exchange or provide to each other in connection with the implementation of the provisions of this Agreement shall be subject to protection in the State of each of the Parties in compliance with its legislation and international treaties whereto the States of the Parties are parties.

In addition, the following principles shall apply:

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

b) the competent authorities shall ensure the confidentiality of the personal data received under this Agreement and shall not provide such data to a third party unless with a permission of the competent authority that provided such personal data, and shall notify the competent authorities that provided such data about the way they were used;

c) the competent authorities shall ensure protection of the personal data from accidental loss, unauthorized access, alteration or distribution.

1. The costs related to readmission and possible escorting of the persons specified in paragraph 1 of Article 2 of this Agreement to the state border crossing point of the State of the Requested Party, shall be borne by the Requesting Party, in case the costs related to the readmission cannot be paid by such persons themselves or by third persons.

2. The costs related to transfer of the persons specified in paragraph 5 of Article 2 of this Agreement and to their possible escorting to the state border crossing point of the State of the Requesting Party, shall be borne by the Party, whose acts or inaction have resulted in the transfer of a person the reasons for whose readmission were absent.

The Parties shall conclude an Implementing Protocol defining:

a) list of competent authorities;

c) contents of and procedure to submit a request for readmission and reply to it;

e) procedure for readmission;

g) procedure for mutual settlements in wrongful readmission envisaged by paragraph 5 of Article 2 of this Agreement.

Suspension and resumption of application of the Agreement

1. Each Party may suspend the application of this Agreement fully or partially for the reasons related to the national security, ensuring protection of public order or public health.

2. Either Party shall notify the other Party of the suspension or resumption of the application of this Agreement in writing, through diplomatic channels not later than 7 calendar days before this decision starts to be implemented.

Article 9

Settlement of disputes

1. All disputes between the Parties in connection with the implementation or interpretation of this Agreement shall be settled by means of consultations and negotiations between them.

2. The procedure of consultations and negotiations shall be subject to mutual agreement of the Parties.

Article 10

Relation to other international treaties

Nothing in this Agreement shall prevent the return of the nationals of the States of the Parties on the basis of other international treaties, whereto the State of one of the Parties is party.

Article 11

Final provisions

1. This Agreement shall enter into force upon the expiration of 30 calendar days from the date the last written notification that the Parties have fulfilled their domestic procedures necessary for its entry into force is received through diplomatic channels.

2. The Parties may, upon mutual consent, make amendments to this Agreement, which shall be formalized by separate protocols.

3. This Agreement shall be concluded for an indefinite period. This Agreement shall be terminated upon the expiration of 60 calendar days from the date either Party receives a written notification of the other Party of its intention to terminate this Agreement through diplomatic channels.

4. Should this Agreement be terminated, the Parties shall settle the obligations incurred during the period of its validity.

Done in Bishkek on the 5th day of June in the year 2026 in duplicate, each copy in the Russian and English languages, both texts being equally authentic.

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