KAZAKHSTAN OFFERS LEGAL STATUS FOR LABOR MIGRANTS

UNCLAS ALMATY 002822

SIPDIS

SENSITIVE

SIPDIS

DEPARTMENT FOR SCA/CEN (J. MUDGE),DRL/PHD (C. KUCHTA-
HELBLING),PRM/ECA (R. OLSON)


E.O. 12958: N/A
TAGS: ECON ELAB PBTS PGOV PHUM PREF PREL SMIG KZ
SUBJECT: KAZAKHSTAN OFFERS LEGAL STATUS FOR LABOR MIGRANTS
FROM CIS STATES


1. Summary: August 1 was the effective date of a new amnesty
law allowing illegal laborers from CIS countries to obtain
legal status in Kazakhstan. In order to qualify, employers
of illegal laborers must submit application documents to the
city migration police before December 31. Migrants will
then receive a special migrant card allowing them to work
legally in Kazakhstan for three years. Employers receive an
exemption from liability for hiring the illegal laborers.
The law applies only to those migrants who entered
Kazakhstan prior to May 31. The Ministry of Interior
expects to register about 100,000 laborers under the new
law. End summary.

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New Amnesty Law Takes Effect
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2. On July 4, President Nazarbayev signed an amnesty law
offering legal status for illegal laborers from CIS
countries. Although the text of the law has not yet been
published, multiple media sources have reported on the
issue. Effective August 1, employers of illegal migrants
may submit an application for amnesty with the city
migration police. Employers must also submit copies of
identification documents and a labor contract for their
illegal migrant workers.


3. After review by the migration police, qualified migrants
will receive a special migrant card which permits them to
work in Kazakhstan for three years. The card also allows
migrants to change employers and enter and exit the country
legally. Employers receive an exemption from administrative
and criminal liability for hiring the illegal laborers.

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Amnesty Offer Is Limited
--------------


4. The amnesty offer expires on December 31, and does not
extend to migrants who entered Kazakhstan after May 31,
migrants from non-CIS countries, or migrants who violated
other laws or engaged in activities that require a license.

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Authorities Expect to Legalize 100,000 Workers
-------------- -


5. The head of the Ministry of Interior migration police
directorate Serik Sainov, quoted in media reports, said that
over a thousand migrants were legalized in the first few
days of the new law. He estimates that there are 200,000 to
300,000 illegal laborers from the CIS in Kazakhstan, and
that approximately 100,000 of them will obtain legal status
under the new amnesty law. Based on this estimate,
authorities said they expect to receive approximately 8
billion KZM in additional tax revenue from workers legalized
under the new law.


6. Comment: Although the new law provides some stability
and certainty for a portion of the illegal workers in
Kazakhstan, it is a temporary patch, and does not address
the underlying structural problems that attract a growing
illegal workforce. End comment.

ORDWAY