PROTOCOL OF CONSULTATIVE MEETENG OF EXPERTS OF GEORGIAN AND RUSSIAN SIDES on Introduction of Visa Regime between Georgia and the Russian Federation

On 18-20 April 2000 a preparatory consultative meeting between the experts of Georgian and Russian Sides on the issue of introduction between Georgia and the Russian Federation took place in Tbilisi.

During the meeting, the following issues have been discussed:

- The compliance of draft of legal acts submitted to the Georgian side “Agreement between the Government of the Russian Federation and the Executive Authorities of Georgia on Mutual Trips of Citizens” and “Protocol between the Government of Russian Federation and Executive Authorities of Georgia on Simplified Patterns of the Russian-Georgian Border for Citizens Living in the Adjacent to the Border Territories” with the “Agreement on Vise-Free Movement of Citizens of the CIS Member—States on the whole Territory of Commonwealth of Independent States” - signed on 9 October 1992 in Bishkek;

- The problems related to visa provision for servicemen of the Russian Federation and members of their families temporarily residing on the territory of Georgia;

- Practical implementation of provisions of the aforementioned drafts of the Agreement and the Protocol in the zones of conflict on the territory of Georgia and in the regions of anti-terrorist operation on the territory of the Russian Federation.

As a result of exchange of points of view, the Sides fixed the following positions:

1. The Georgian Side considers that introduction of the visa regime between the two States runs counter to the “Agreement on Visa-Free Movement of Citizens of the CIS Member—States on the whole Territory of Commonwealth of Independent States” - signed on 9 October 1992 in Bishkek and the Vienna Convention “On the Right of International Agreements” and shall not contribute to development of relations between the two States and integration process within the Commonwealth of Independent States. At the same time, respecting the right of the Russian Federation to initiate this issue, the Georgian Side asks the Russian Federation to provide information with regard the legal compliance of the draft Agreement with the aforementioned international-legal documents.

The Georgian Side considers that the existing legal basis does not allow to fully implement all the necessary measures in terms of protection of legitimate rights and interests of the two States and their citizens within the framework of the visa-free regime.

The Russian Side, bearing in mind substantial violations on the part of the Georgian Side some provisions of bilateral and multi-lateral agreements and treaties, and the sheer necessity to activate anti-terrorist struggle, illegal migration and organized crime, as well as an idea of introduction of visa regime put forward by the Georgian Side (namely by Mr. R.Adamia and Mr. V. Chkeidze) insists on starting comprehensive negotiation on introduction of visa regime between the Russian Federation and Georgia. The Russian Side believes that introduction of visa regime shall contribute to positive development of bilateral relations.

The Georgian Side underlines that as a mere response on the part of Mr. R. Adamia and Mr. V. Chkeidze to a statement of Mr. Seleznev, in which he called upon the Government of the Russian Federation to close the border between the two States, neither the statement of Mr. Adamia and Mr. Chkeidze, nor statement of Mr. Seleznev, are not tantamount to the official positions of the Sides.

In addition, the Georgian Side cannot agree to allegations that it has committed any substantial violations of international law and points out that the aforementioned arguments put forward by Russian representatives, cannot be used as feasible reasons for introduction of a visa regime.

2. The Georgia Side expressed its point of view that in case of introduction of visa regime between the Sides, the Russian servicemen and members of their families must be subject to the same rules and regulations as other foreigners and doe not see any ground and rational to grant some privileges to this category of citizens of the Russian Federation.

The Russian side disagreed with the aforementioned stance of the Georgian side and based on the fact of temporary presence of this category of Russian citizens on the territory of Georgia, defined by the Agreement concluded between the Ministry of Defense of the Russian Federation and Ministry of Defense of Georgia in 1992 on coordination of activities aimed at guaranteeing security of military units of the Russian Federation on the territory of the Republic of Georgia, and considers it necessary to maintain non-visa regime for that category of citizens of the Russian Federation.

In case of introduction of visa regime, the pattern of entry of Russian servicemen and their family members can be regulated by the offered draft Agreement on bilateral trips of citizens of the Russian Federation and Georgia, that has been submitted to the Georgian side.

Meanwhile, the Russian Side informed that in the nearest future those Russian servicemen and their families who are on the territory of Georgia would be provided with service passports of the Russian Federation.

In case if the Georgian side insists on necessity for the Russian servicemen to get visa, the Russian side is going to review the article 3 of the draft Agreement.

3. The Georgian Side believes that the existence of only one check point along the state border between Georgia and the Russian Federation and the absence of bilateral control over zones of conflict adjacent to the state border between the Russian Federation and Georgia will not allow the Sides to fully implement goals and objectives of introduction of visa regime offered by the Russian Side.

The Russian Side declared about the possibility of securing proper control over crossing of the Georgian-Russian border by citizens of the two States in conformity with the “Agreement between the Government of the Russian Federation and the Executive Authorities of Georgia on Mutual Trips of Citizens” and “Protocol between the Government of Russian Federation and Executive Authorities of Georgia on Simplified Patterns of the Russian-Georgian Border for Citizens Living in the Adjacent to the Border Territories”. In addition, the Russian Side declared its readiness to carry out negotiations on opening of additional check points in order to secure easier crossing of Georgian-Russian border by the population living in adjacent to the border territories.

The Russian Side insistently requests the Georgian Side to respond, as soon as possible, to the draft Agreement and draft Protocol that have been submitted to the Georgian Side previously.

The Consultative meeting, according to both sides, has been held in the atmosphere of frankness and good will. The Sides agreed to inform their respective State authorities, as soon as possible, about this consultative meeting and to propose the idea of continuation of consultation. Time-terms of the future meetings will be discussed separately.

In the course of the meeting, a number of consultative-legal issues have been addressed and discussed.

On behalf of the Georgian Side   Z.Tinikashvili

On behalf of the Russian Side  M. Torshin

20 April 2000

(Archive of the Ministry of Foreign Affairs of Georgia/in Russian)