This Response to Information Request updates information contained in the following Responses to Information Requests: RUS27585.F of 7 August 1997, KKT26417.F of 25 February 1997, KKT25589.F of 18 December 1996 and KKT21369.F of 28 July 1995.

On 20 January 1995 an agreement between Russia and Kazakstan "On Simplification of the Procedure for Obtaining Citizenship by Citizens of the Republic of Kazakhstan Arriving for Permanent Residence in the Russian Federation and Citizens of the Russian Federation Arriving for Permanent Residence in the Republic of Kazakhstan" was signed in Moscow by Presidents Yeltsin and Nazarbayev (Kazakhstanskaya Pravda 21 Jan. 1995a; Rossiyskaya Gazeta 16 Aug. 1997; ITAR-TASS 21 July 1997). At the same time the Presidents of the Russian Federation and Kazakstan also signed a treaty "On the Legal Status of the Citizens of the Republic of Kazakstan Permanently Residing on the Territory of the Russian Federation and of the Citizens of the Russian Federation Permanently Residing on the Territory of the Republic of Kazakstan" (ITAR-TASS 21 July 1997; Country Reports 1997 1998; Kazakhstanskaya Pravda 21 Jan. 1995b). Please see the two 21 January 1995 Kazakhstanskaya Pravda electronic attachments for English translations of the two accords.

Both the agreement and the treaty were set to enter into force "as of the 30th day following the date of exchange of ratification instruments by the Parties" and both "shall remain in effect for a term of five years from [their] date of entry into force and shall be automatically extended for a subsequent five-year period unless one of the parties declares otherwise within six months of expiration of the time frame in question" (Kazakhstanskaya Pravda 21 Jan. 1995a; ibid. 21 Jan. 1995b).

The ratification instruments of both accords were exchanged in an official ceremony at the Russian Federation Embassy in Almaty, Kazakstan on 21 July 1997 (ITAR-TASS 21 July 1997; Country Reports 1997 1998; RFE/RL 22 July 1997) and came into effect on 18 August 1997 (Rossiyskaya Gazeta 16 Aug. 1997; ITAR-TASS 14 Aug. 1997; Radio Rossii Network 18 Aug. 1997). The mechanisms for the successful implementation of the accords, however, still had to be put into place by Russian and Kazak government officials (Rossiyskaya Gazeta 16 Aug. 1997).

An official with the Russian embassy in Almaty told the Research Directorate in March 1998 and again in May 1998 that the agreement on citizenship is being implemented (Embassy of the Russian Federation Almaty 31 Mar. 1998; 16 May 1998). The embassy official stated that the Russian Federation embassy in Almaty has been processing citizenship applications under the simplified procedures established by this agreement since August 1997 (ibid.). The official noted that article three of the agreement is only in effect until August 1998, but she also stated that there is a possibility this deadline will be extended (ibid.). Article three of the agreement states that

A person permanently residing in the territory of one Party who was born in the territory of the other Party, or at least one of whose parents is or was a citizen of that Party permanently residing or formerly residing in the territory of that Party, who has not registered his citizenship affiliation with either of the Parties as of the date this Agreement enters into force, is guaranteed the right by each of the Parties to freely choose citizenship of either of the Parties, at his own discretion, within one year of entry into force of this Agreement (Kazakhstanskaya Pravda 21 Jan. 1995a).

Generally, in order for a Kazak citizen living in Kazakstan to obtain Russian citizenship, he or she must

show a document proving that he is a citizen of Kazakhstan and has been living there permanently; citizenship is processed by internal affairs agencies at the place of residence instead of the Commission on Citizenship Affairs under the [Russian Federation] President; the time frame for acquiring citizenship has been shortened to three months; compared to the law 'On [Russian Federation] Citizenship,' this treaty enables a person, in order to acquire citizenship, to submit documents on not only direct relatives along the ascending line permanently living in Russia but also brothers, sisters, children, and spouses (Rossiyskaya Gazeta 16 Aug. 1997; see also Kazakhstanskaya Pravda 21 Jan. 1995a; Radio Rossii Network 18 Aug. 1997).

The agreement defines close relatives as including spouses, parents, adoptive parents, children, adoptive children, siblings and grandparents (Kazakhstanskaya Pravda 21 Jan. 1995a).

The following information was provided by an official of the Russian Embassy in Almaty during a telephone interview with the Research Directorate on 31 March 1998. The official noted that all general and procedural information pertaining to the acquisition of Russian citizenship by Kazak citizens can be found in the 20 January 1995 Agreement referred to above.

In order for a Kazak citizen to obtain Russian citizenship he or she must visit the Russian Embassy in Kazakstan in person and bring along the requisite documents. If the applicant is unable to come to the Embassy in person, another individual can come on the applicant's behalf, provided that this individual has a written affidavit signed by the applicant. The requisite documentation required may differ in each specific case, but usually the principal documents presented are birth certificates, passports and marriage certificates. Provided all documentation is in order and is presented, the acquisition of Russian citizenship is automatic. Citizenship decisions may not be taken in an arbitrary manner, but must be based upon the provisions of the 20 January 1995 agreement. The regular fee for applying for Russian citizenship is 230 Tenge; senior citizens are charged 115 Tenge. Children and individuals with handicaps are exempt from fees. The average monthly wage in Kazakstan in March 1998 was 5,000 Tenge. The official also stated that an applicant for Russian citizenship from Kazakstan is able to reside in the Russian Federation before being granted Russian citizenship. Citizens of Kazakstan do not require visas to enter Russia, but they do have to register upon their arrival in the Russian Federation. They do not require a propiska to register (ibid.).

Although the sources consulted do not refer specifically to restrictions on dual citizenship, the agreement on the acquisition of citizenship does stipulate that "the relinquishment of citizenship with respect to one Party and acquisition of citizenship with respect to the other party are effected on the basis of the free will of the persons concerned" (Kazakhstanskaya Pravda 21 Jan. 1995a).

The Russian Federal Migration Service (FMS) reports that 581,000 individuals moved permanently to the Russian Federation in 1997; of these 25 per cent came from Kazakstan (Radiostantsiya Ekho Moskvy 22 Jan. 1998). Also in 1997, 120,000 people were granted the status of forcefully displaced refugees by the FMS; of this figure 45.5 per cent were persons who had gone to Russia from Kazakstan (ibid.). The head of the FMS, interviewed by Radiostantsiya Ekho Moskvy, claims that individuals leave Kazakstan "mainly for economic reasons.... [but] then there are other reasons, for instance, schools for children. The number of schools, where tuition is in Russian, is going down despite all the statements made by the [Kazak] government" (ibid.). Approximately 5-5.5 million ethnic Russians live in Kazakstan (Rossiyskaya Gazeta 2 Apr. 1998; ITAR-TASS 25 Apr. 1997).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Country Reports on Human Rights Practices for 1997. 1998. United States Department of State. Washington, DC: United States Government Printing Office.

Embassy of the Russian Federation in Almaty, Kazakstan. 16 May 1998. Telephone interview with embassy official.

_____. 31 March 1998. Telephone interview with embassy official.

ITAR-TASS [Moscow, in Russian]. 14 August 1997. Oleg Litvinov. "Russian, Kazakh Citizenship Procedure to be Simplified." (NEXIS)

_____. 21 July 1997. "Russia-Kazakh Citizenship and Residence Accords Come into Force." (BBC Summary 25 July 1997/NEXIS)

_____. 25 April 1997. Robert Serebrennikov. "Duma Ratifies Kazakhstan, Kyrgyzstan Citizenship Accords." (FBIS-SOV-97-115 29 Apr. 1997/WNC)

Kazakhstanskaya Pravda [Almaty, in Russian]. 21 January 1995a. "Agreement with Russia on Citizenship." (FBIS-SOV-95-017 19 Nov. 1995/WNC)

_____. 21 January 1995b. "Treaty with Russia on Citizens' Legality." (FBIS-SOV-95-019 19 Nov. 1995/WNC)

Radio Free Europe/Radio Liberty (RFE/RL) Newsline [Prague].22 July 1997. Vol. 1, No. 78, Part 1. "Russian-Kazakh Citizenship Treaty Ratified." (Internet mailing list: list.rferl.org)

Radio Rossii Network [Moscow, in Russian]. 18 August 1997. "Russia: Russia-Kazakhstan Citizenship Accord in Operation 18 Aug." (FBIS-SOV-97-230 20 Aug. 1997/WNC)

Radiostantsiya Ekho Moskvy [Moscow, in Russian]. 22 January 1998. "Russia: Official Comments on Refugees from CIS Countries in Russia." (FBIS-SOV-98-022 27 Jan. 1998/WNC)

Rossiyskaya Gazeta [Moscow, in Russian]. 2 April 1998. Anatoliy Kurganov. "Kazakhstan: Russian, Kazakhstani Human Rights Officials Meet in Aqmola." (FBIS-SOV-98-092 4 Apr. 1998/WNC)

_____. 16 August 1997. "Kazakhstan: Citizen Agreement with Russia Summarized." (FBIS-SOV-97-246 5 Sept. 1997/WNC)

Attachments

Kazakhstanskaya Pravda [Almaty, in Russian]. 21 January 1995a. "Agreement with Russia on Citizenship." (FBIS-SOV-95-017 19 Nov. 1995/WNC)

_____. 21 January 1995b. "Treaty with Russia on Citizens' Legality." (FBIS-SOV-95-019 19 Nov. 1995/WNC)