On approval of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Norway on exemption from visa requirements for holders of diplomatic passports

New Unofficial translation

Decree of the Government of the Republic of Kazakhstan dated July 21, 2011 No. 837

      Unofficial translation

      The Government of the Republic of Kazakhstan hereby DECREES AS FOLLOWS:

      1. Approve the attached Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Norway on exemption from visa requirements for holders of diplomatic passports, done in Oslo on October 12, 2010.

      2. This Decree shall be enforced from the day of signing.

      The Prime Minister of the Republic of Kazakhstan K. Massimov

Agreement
between the Government of the Republic of Kazakhstan and the Government of the Kingdom
of Norway on exemption from visa requirements for holders of diplomatic passports

      The Government of the Republic of Kazakhstan and the Government of the Kingdom of Norway, hereinafter referred to as “Contracting Parties”,

      Desiring to develop bilateral relations,

      Considering the interest in strengthening their existing friendly relations and with a view to facilitating the travel of citizens of the States of one Contracting Party to the territory of the State of other Contracting Party,

      subject to the Agreement dated May 18, 1999 between the Council of the European Union and the Kingdom of Norway and the Republic of Iceland regarding the accession of the latter to the process of implementation, application and development of the Schengen Agreement,

      having regard to Council Regulation (EU) No 539/2001 dated March 15, 2001, listing third countries whose citizens must have visas at borders crossing and those whose citizens are exempted from visa requirements, and that Article 4 (1) establishes that Member States may provide exemptions from visa requirements for holders of diplomatic passports,

      have agreed as follows:

Article 1

      Citizens of the States of one of Contracting Parties, holders of valid diplomatic passport and not accredited in the territory of the State of other Contracting Party shall be exempted from visa requirements for entry, transit, stay or exit from the territory of the state of other Contracting Party for a period not exceeding three months for six months following the date of first entry into the territory of the State of other Contracting Party. A maximum period of three months for six months may be construed either as a regular visit, or as several consecutive visits.

      In order to determine the period of stay for citizens of the Republic of Kazakhstan, any period of stay in any other State applying the Schengen Agreement should be fully taken into account.

      Paid activities for that a work permit is required shall not be permitted under the national laws of the states of Contracting Parties.

Article 2

      This Agreement shall not exempt holders of valid diplomatic passports being employees of diplomatic missions and consular posts or representations of international organizations located in the territory of the State of other Contracting Party or members of their families from the need to obtain visas for accreditation in the host state prior to their arrival.

      Nothing in this Agreement affects the rights and obligations established by the Vienna Convention on Diplomatic Relations dated April 18, 1961 or the Vienna Convention on Consular Relations dated April 24, 1963.

Article 3

      This Agreement shall not affect the rights of competent authorities of both Contracting Parties to refuse entry or to prohibit stay of persons deemed undesirable or persons who have violated the rules of entry and stay in accordance with the national laws of the States of Contracting Parties and international law.

Article 4

      By mutual agreement, the Contracting Parties may make changes and additions to this Agreement, which are its integral parts and drawn up by additional protocols or through exchange of notes.

Article 5

      Any disagreement or dispute regarding the interpretation and application of the provisions of this Agreement shall be resolved by consultation or negotiation between the Contracting Parties.

Article 6

      This Agreement shall enter into force on the thirtieth (30) day from the date of receipt by diplomatic channels of the last written notice on completion by the Contracting Parties of domestic procedures necessary for its entry into force.

      Without prejudice to the provisions of the above paragraph, this Agreement will not enter into force until the Agreement between the Government of the Republic of Kazakhstan and the Government of the Kingdom of Norway on readmission of persons comes into force.

      Each of the Contracting Parties may fully or partially suspend this Agreement in order to ensure public order, protect national security or public health, eliminate illegal migration or amend the visa regime of any of Contracting Parties.

      The decision to suspend this Agreement shall be brought to the attention of other Contracting Party no later than seventy-two (72) hours before the entry into force of such a decision. A Contracting Party that has suspended this Agreement, after the reasons for suspension no longer exist, shall immediately inform other Contracting Party.

      The suspension of this Agreement shall not affect the rights of citizens referred to in Articles 1 and 2 of this Agreement who have already entered or being in the territory of the State of other Contracting Party.

      Each of the Contracting Parties may terminate this Agreement notifying in written to other Contracting Party by diplomatic channels. This Agreement shall remain in force until 90 (ninety) days after the date of receipt of such notice.

      Done in Oslo on October 12, 2010 in two original copies, each in the Kazakh, Norwegian, Russian and English languages, all texts being equally authentic.

      In case of disagreement in the interpretation of the provisions of this Agreement, the Contracting Parties will refer to the text in English.

For the Government

For the Government

of the Republic of Kazakhstan

of the Kingdom of Norway


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