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Presidential Decree

15 July 1996

On the Procedure of Granting Political Asylum to the Foreign Citizens and Stateless Persons in the Republic of Kazakhstan

In accordance with the item 14) of the article 44 of the Constitution of the Republic of Kazakhstan IS ENACTED THE FOLLOWING:

1. To approve the Regulations on the Procedure of Granting Political Asylum to the Foreign Citizens and Stateless Persons in the Republic of Kazakhstan (attached).

2. The Government of the Republic of Kazakhstan is authorized:

3. The present Decree comes into force from the date of signing.

President of the Republic of Kazakhstan

N. Nazarbayev

Almaty, July 15, 1996

REGULATIONS on procedure of granting political asylum to the foreign citizens and stateless persons in the Republic of Kazakhstan (ENDORSED by the Decree of the President of the Republic of Kazakhstan from July 15, 1996)

I. General Provisions

1. Political asylum in the Republic of Kazakhstan is granted to the foreign citizens and stateless persons (hereinafter - persons) on the basis of generally accepted principles of international law, in accordance with the Constitution of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan and present Regulations.

2. The Republic of Kazakhstan grants political asylum to the persons and members of their families, seeking asylum and protection against persecution or real threat to become a victim of persecution in the country of their nationality and/or of residing on the account of public and political activity, race or nationality, religion, and also in case of infringement of the human rights, stipulated by international law.

3. The decision on granting political asylum or rejection in granting political asylum in the Republic of Kazakhstan is to be taken by the President of the Republic of Kazakhstan.

4. Political asylum in the Republic of Kazakhstan is not granted if the person:

II. Procedure of application and consideration of the petitions on granting political asylum to the foreign citizens and stateless persons in the Republic of Kazakhstan

5. The person, who is on the territory the Republics of Kazakhstan and desires to receive political asylum, should personally appeal to Department of Migration under Ministry of Labor of the Republic of Kazakhstan (further - Department of Migration) with the written petition addressed to the President of the Republic of Kazakhstan.

The person, who is outside the Republic of Kazakhstan, submits such a petition via diplomatic representation or consular establishment of the Republic of Kazakhstan.

The written approval for granting political asylum by the children under 14 years old is not required.

Until the final decision on granting political asylum is taken, the applicant should appear not less than twice a month in Department of Migration, either in diplomatic representation, or consular establishment of the Republic of Kazakhstan in the place of residing. In case of non complying with this requirement, the Department of Migration, either diplomatic representation, or the consular establishment suspends proceedings until the moment when the facts would be found out.

In the petition in the name of the President of the Republic of Kazakhstan on granting political asylum in the Republic of Kazakhstan one should set up the compelling reasons in accordance with the paragraph 2 of the present Regulations.

The autobiography (curriculum vitae), photos, health certificate including testing on acquired immune deficiency syndrome (AIDS), and other related documents are attached to the petition.

6. Diplomatic representation or the consular establishment of the Republic of Kazakhstan directs materials to the Department of Migration (with compulsory translation in state language or language which is officially used in the Republic of Kazakhstan).

7. The Department of Migration requests the expertise on expediency of granting political asylum to the applicant in the Republic of Kazakhstan from Ministry of Foreign Affairs, Ministry of Interior and Committee for National Security of the Republic of Kazakhstan.

8. The Department of Migration directs to the Department of Citizenship of the Administration of the President of the Republic of Kazakhstan the finalized materials (with compulsory translation into state language or language which is officially used in the Republic of Kazakhstan) together with the reasonable conclusion concerning wage-earning employment, accommodation and adaptation.

9. The period for consideration of materials related to a petition on granting political asylum should not exceed three months from the date of registration of the application.

10. Department of Citizenship of the Administration of the President of the Republic of Kazakhstan directs materials with its conclusion about expediency of granting political asylum in the Republic of Kazakhstan or rejection of granting political asylum to the Commission on Citizenship.

11. The Commission on Citizenship under the President of the Republic of Kazakhstan examines the petitions and related materials and submits its proposals on each petition to the President of the Republic of Kazakhstan.

III. Procedure of observance of the Decrees of the President of the Republic of Kazakhstan on granting political asylum in the Republic of Kazakhstan

12. Granting of the political asylum comes true by the Decree of the President of the Republic of Kazakhstan.

13. The Decree of the President of the Republic of Kazakhstan on granting political asylum is directed for performance to the Ministry of Foreign Affairs, Ministry of Interior and Department of Migration.

14. Department of Migration, either diplomatic representation, or the consular establishment notifies the applicant for political asylum in the Republic of Kazakhstan on the decision taken.

15. The person and members of his/her family, who are more than 16 years old, who received political asylum in the Republic of Kazakhstan, are given out the appropriate certificate.

The certificate on granting political asylum is issued by the Department of Migration.

16. Departments and divisions of Interior in provinces, cities, cities of republican status and capital of the Republic, rural and urban districts issue residence permit to the persons, specified in paragraph 15 of the present Regulations, on the basis of the certificate on granting political asylum in the Republic of Kazakhstan.

17. The person, who is granted political asylum in the Republic of Kazakhstan, ceases the right for political asylum in the following cases:

The cessation of the rights for political asylum is registered by the Department of Migration with the subsequent note on it to the Department of Citizenship of the Administration of the President of the Republic of Kazakhstan and bodies of Interior.

18. The person can be deprived of political asylum in the Republic of Kazakhstan by the President of the Republic of Kazakhstan in case of activity contrary to interests of national security of the Republic of Kazakhstan, purposes and principles of the United Nations, or if the person has committed a deliberate crime and a pronounced sentence upon him has entered into force.

IV. Legal status of the persons granted political asylum in the Republic of Kazakhstan and members of their families

19. The person and the members of his/her family, who received political asylum have the rights and freedom, and also bear duties, stipulated by the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan related to legal status of the foreign citizens and the stateless persons