AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION ON THE FACILITATION OF THE ISSUANCE OF VISAS FOR SHORT-TERM VISITS BY THEIR RESPECTIVE NATIONALS

Signed at Moscow September 29, 2008

Entered into force January 9, 2010

 

AGREEMENT

BETWEEN THE GOVERNMENT OF THE REPUBLIC OF KOREA AND THE GOVERNMENT OF THE RUSSIAN FEDERATION ON THE FACILITATION OF THE ISSUANCE OF VISAS

FOR SHORT-TERM VISITS BY THEIR RESPECTIVE NATIONALS

 

The Government of the Republic of Korea and the Government of the Russian Federation(hereinafter referred to as “the Parties”),

Confirming their desire to enhance bilateral relations based on the development of friendship and mutual understanding between the peoples of the two countries,

Being convinced that ensuring the most favorable conditions for short-term visits by their respective nationals is an important factor for the development of economic, humanitarian, cultural, scientific and other relations,

Desiring to promote contacts between their peoples by means of the facilitation of visa issuance for the nationals of the Republic of Korea and the Russian Federation on a reciprocal basis, and

Recognizing that this facilitation shall not lead to illegal migration and paying special attention to security issues,

Have agreed as follows:

Article 1

General Provisions

1. The provisions of this Agreement shall not affect the national legislation of the State of each Party which regulates the issues connected with the foreigners’ commercial or labor activities.

2. The national legislation of the receiving State shall apply to the issues not covered by the provisions of this Agreement (for example, the refusal to issue a visa, recognition of the validity of travel documents, proof of sufficient means of subsistence, the measures for the refusal of entry and expulsion and others).

3. The nationals of the State of one Party during their stay in the territory of the State of the other Party shall observe the national legislation of the receiving State.

4. The nationals of the State of one Party shall enter(exit) the territory of the State of the other Party through the border check-points open to international traffic.

Article 2

Definitions

For the purpose of this Agreement following definitions shall mean:

(a) “valid documents” - valid travel documents, identifying a person and giving the person the right to cross the state borders, mutually recognized by both Parties;

(b) “legally residing persons” :

- for the Republic of Korea - the nationals of the Russian Federation authorized or entitled to stay for more than 90 days in the Republic of Korea, and the nationals of the Russian Federation who are accredited to a diplomatic mission or a consular office to the Republic of Korea or to an international organization in the territory of the Republic of Korea;

- for the Russian Federation - the nationals of the Republic of Korea who acquired a residence permit, permission for temporary stay, or an educational or working visa valid for a period of more than 90 days in the Russian Federation, and nationals of the Republic of Korea who are accredited to a diplomatic mission, or a consular office to the Russian Federation or to an international organization in the territory of the Russian Federation.

Article 3

Valid Documents

1. The nationals of the State of one Party shall enter, transit through, exit from and stay in the territory of the State of the other Party with valid documents and visas unless they are exempted from visa requirements according to the national legislation of the State of each Party, this Agreement or other international agreements between the States of the Parties.

2. The competent authorities of the States of the Parties shall exchange specimens of their valid documents through diplomatic channels no later than 30 days before this Agreement comes into force.

3. The competent authorities of the States of the Parties shall inform each other of the introduction of new valid documents or changes in their existing valid documents and convey specimens of the new or changed valid documents through diplomatic channels no later than 30 days prior to application of the changed valid documents.

4. Minor children of the States of the Parties shall travel with their valid documents or with the documents of their accompanying legal representatives (parents, adopters, custodians, trustees) if they are listed in the said documents and travel with them.

Article 4

Documentary Evidence Regarding the Purpose of Journey

1. For the following categories of nationals of the Republic of Korea and the Russian Federation, the following documents shall be sufficient for justifying the purpose of their journey to the territory of the State of the other Party:

(a) for the members of official delegations who, following an official invitation to the Republic of Korea or the Russian Federation, participate in the meetings, consultations, negotiations or exchange programs or in events held in the territory of the Republic of Korea or the Russian Federation by intergovernmental organizations:

- a letter issued by the competent authorities of the Republic of Korea or the Russian Federation confirming that the applicant is a member of its delegation traveling to the territory of the State of the other Party to participate in the said events, accompanied by a copy of the official invitation;

(b) for the businessmen and representatives of business organizations of the State of one Party:

- a written request from the host legal person or company, enterprise, organization or an office or their branch, state or local authority of the State of the host Party or organizing committee of a trade or industrial exhibition, conference or symposium held in the territory of that respective Party;

(c) for the persons participating in scientific, cultural or artistic activities, including those of universities or other exchange programs;

- a written request from the host organization;

(d) for the journalists:

- a certificate or other document issued by a professional organization confirming that the person concerned is a qualified journalist and a document issued by his/her employer stating that the purpose of the journey is to carry out journalistic work;

(e) for the persons participating in international sports events and persons accompanying them in a professional capacity:

- a written request from the host organization, such as a national sports federation or the National Olympic Committee of the States of the Parties;

(f) for the participants in official exchange programs organized by sister cities or regions:

- a written request from the head of administration (mayor) of the host city or region;

(g) for the close relatives such as spouses, children (including adopted), parents (including custodians or trustees), brothers and sisters, grandparents and grand children of the nationals of the State of one Party legally residing in the territory of the State of the host Party:

- a notarized letter from the host person(s) as well as a notarized copy of the document which confirms the status of the host person(s);

(h) for the tourists:

- a properly issued contract for tourist services as well as a confirmation, which is issued in a proper manner by the organization that carries out tourist activities for the incoming foreign nationals in accordance with the legislation of the State of the host Party;

2. The written request mentioned in paragraph 1 of this Article shall contain the following information:

a) for the invited person:

- name and surname, date of birth, sex, nationality, number and type of the identity document, dates and purpose of the journey, number of entries and the names and dates of birth of minor children accompanying the invited person,

b) for the inviting person:

- name and surname, date of birth and permanent address (registration),

c) for the inviting legal person, company or organization:

- full name and address and

- if the request is issued by an organization, the name, surname and position of the person who signs the request;

- if the inviting person is a legal person or company or its office or branch, established in the territory of the Republic of Korea - the state registration number as required by the national law of the Republic of Korea;

- if the inviting person is a legal person or company or its office or branch, established in the territory of the Russian Federation - the tax identification number.

3. For the categories of nationals mentioned in paragraph 1 of this Article, visas shall be issued according to the facilitated procedure without requiring any further justification, invitation or validation concerning the purpose of the journey, in accordance with the legislation of the States of the Parties.

Article 5

Issuance of Multiple-Entry Visas

1. A diplomatic mission or a consular office of the State of one Party shall issue multiple-entry visas with a term of validity of up to 1 year to the categories of nationals of the State of the other Party referred to in sub-paragraphs a) through g) of paragraph 1 of Article 4 of this Agreement, provided that during the previous year they had obtained at least one visa and made use of it in accordance with the relevant laws and regulations relating to entry and stay in the territory of the State of the host Party.

2. A diplomatic mission or a consular office of the State of one Party shall issue multiple-entry visas with a term of validity of up to 5 years to the categories of nationals of the State of the other Party referred to in sub-paragraphs a) through c) of paragraph 1 of Article 4 of this Agreement, provided that during the previous 2 years the said nationals had made use of a one year multiple-entry visa in accordance with the relevant laws and regulations relating to entry and stay in the territory of the State of host Party and that there are reasons for requesting a long-term multiple-entry visa.

3. The nationals of the States of the Parties, mentioned in this Article, shall be issued multiple-entry visas for staying in the territory of the State of each Party for a period not exceeding 90 days per each period of 180 days.

Article 6

The Length of Procedures for Processing Visa Applications

1. The diplomatic missions or consular offices of the States of the Parties shall take a decision on a request to issue a single-entry or double-entry visa within 5 working days of the date of the receipt of the application and documents required for issuing the visa.

2. The diplomatic missions or consular offices of the States of the Parties shall take a decision on a request to issue a multiple-entry visa within 10 working days of the date of the receipt of the application and documents required for issuing the visa.

3. The period of time for making a decision on a visa application may be extended for up to 30 days, notably when further scrutiny of the application is needed. Such extension shall be notified to the applicant or his/her representative immediately.

Article 7

Departure in Case of Lost Documents

The nationals of the State of one Party, who have lost their valid documents while staying in the territory of the State of the other Party, may leave that territory on the basis of valid documents issued by the diplomatic mission or consular offices of the State of their nationality without any visa or other authorization.

Article 8

Extension of Visas in Exceptional Circumstances

For the nationals of the State of one Party, who are unable to leave the territory of the State of the other Party by the time stated in their visas for reasons of force majeure which can be proved by documents or confirmed otherwise, the terms of their visas shall be extended free of charge for the period required to exit from its territory.

Article 9

Transit in the Case of Exceptional Circumstances

1. The competent authorities of the State of one Party shall allow visa-free stay for a period of up to 72 hours in its territory to nationals of the State of the other Party on the way to a third country, in case of the emergency landing of an aircraft or docking of a ship at a port due to exceptional circumstances(bad weather conditions or transportation problems, etc) upon receiving a request from the pilot, captain or representative of transportation company.

2. The competent authorities of the States of the Parties reserve the right to set additional restrictions on the conditions of stay for the above-mentioned categories of nationals in their respective territories.

Article 10

Visa Application in a Third Country

Each Party shall allow the nationals of the State of the other Party to apply for the visas that are issued in accordance with this Agreement at a diplomatic mission or consular offices located in the territory of a third country.

Article 11

Visa Application Fee

1. Each Party may impose a visa fee on a visa applicant mentioned in paragraph 1 of Article 4 of this Agreement.

2. The fees for processing visa applications shall be waived for the following categories of persons:

(a) the members of official delegations who, following an official invitation to the Republic of Korea or the Russian Federation, participate in meetings, consultations, negotiations or exchange programs or in the events held in the territory of one of the States of the Parties by intergovernmental organizations;

(b) the participants in official exchange programs organized by sister cities or regions;

(c) the participants in scientific, cultural or artistic activities including those of universities and other exchange programs;

(d) the persons who have presented documents proving the necessity of their travel on humanitarian grounds, including to receive urgent medical treatment, and the person(s) accompanying such person(s), or to attend a funeral of a close relative, or to visit a seriously ill close relative;

(e) the pupils, students, post-graduate students and accompanying teachers who undertake trips for the purpose of study or educational training;

(f) the disabled persons and the person(s) accompanying them, if necessary;

(g) the close relatives - spouses, children (including adopted), parents (including custodians or trustees), brothers and sisters, grandparents and grandchildren of the nationals of the Republic of Korea and the Russian Federation legally residing in the territory of the Republic of Korea and the Russian Federation.

Article 12

Suspension of the Agreement

Each Party may suspend this Agreement in whole or in part for reasons of public order, protection of national security or protection of public health. The decision of such suspension shall be notified to the other Party through diplomatic channels no later than 48 hours before its entry into force. The Party that has suspended the application of this Agreement shall immediately inform the other Party in the same way about resumption of the application of this Agreement.

Article 13

Settlement of Disputes

Any disputes between the Parties arising out of the interpretation or implementation of this Agreement shall be settled amicably by consultations and negotiations between them through diplomatic channels.

Article 14

Final Provisions

1. This Agreement shall remain in force for an indefinite period of time and enter into force 30 days after the date of receipt through diplomatic channels of the last written notice of the completion by the Parties of their domestic procedures necessary for its entry into force.

2. This Agreement may be amended by the written agreement of the Parties.

3. Each Party may terminate this Agreement by notifying the other Party in writing through diplomatic channels. The Agreement shall be terminated 90 days after the date of receipt of such notification.

Done at Moscow on 29th day of September 2008, in two copies, in the Korean, Russian and English languages, all of them being equally authentic. In case of any divergence of interpretation, the English text shall be used.

 

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE REPUBLIC OF KOREA THE RUSSIAN FEDERATION