Postcard from Bishkek

Once a month I travel from Bishkek to Naryn.  I usually look forward to the journey because, although it is a working trip, (the purpose being to inspect our guesthouse, receive reports, meet with officials, etc.), it also provides me with a break from my usual routine … and as the old cliché puts it: “a change is as good as a rest”.

There are other advantages, for example: the atmosphere is less formal than in Bishkek; during the four hour journey each way, (and during the evenings) I get the chance to read – which is an opportunity I don’t have in my usual day-to-day routine where something always seems to crop up to rob of the time I would have like to have devoted to this; the food is good; and I sometimes get the opportunity to explore parts of the country I have not visited before.

One of the interesting things about the journey is that the road takes us along the banks of the Chui River, which forms the border between Kyrgyzstan and neighbouring Kazakhstan.  Bridges cross the river flanked on either side with customs posts which seem to have a large amount of traffic crossing from one country to another.

One reason for this is that many local people take advantage of the price differentials in the markets of each the countries.  In particular petrol and diesel fuel is considerably cheaper in Kazakhstan than in the Kyrgyz Republic.  Many of the vehicles each day fill up with fuel.  In fact, there are garages in “no-mans” land between the two border posts and so it is not even necessary to enter Kazakhstan to fill up your tank – even if you leave Kyrgyzstan.

The road was built in the days of the Soviet Union, when it was all one country, one system.  The two republics had different administrations – but the border was a local authority boundary, not an international one.  It is only since independent that the border posts and customs checkpoints appeared and assumed their current important status.

One of the quirks resulting from this situation is that, at one point, the road crosses a meander in the river.  Driving from Bishkek, we are in Kyrgyzstan, cross a bridge over the river and we land on Kazakh territory, then about a hundred meters later, cross another bridge over the river and we are back in Kyrgyzstan.  In a fraction of a minute we have crossed from one country into another and then back again.  There are no border posts, no customs posts, no passport checks, no stamps in passports and no visa is necessary.

Of course, on this small stretch of road there are petrol stations – one on the right serving traffic to Issyk Kul and another on the left for traffic returning to Bishkek.  As they are technically in Kazakhstan, they charge Kazakh prices.  They do a lot of business.

I have often wondered what would happen if the vehicle was stopped whilst we are on this section … and the passports were checked.  Technically, it is only legal to enter and leave the country at recognized border crossing points and, as I say, there isn’t one; also, to enter Kazakhstan, I need a visa …

It seems odd to me that such an anomaly exists … as both the Kyrgyz and the Kazakhs seem to be sticklers for enforcing legalistic and regulatory minutiae, but I have grown used to the confusing state of affairs where such a situation can exist alongside a refusal by the border services to allow guides and drivers to accompany groups of tourists through no-man’s land (just to the border – not into the other country) at other order crossings.

Thinking about this one day led to other thoughts about anomalies in the current visa and registration regimes operated in the Kyrgyz Republic.

We should remember that before Independence, the whole question of visas and policy decisions relating to them were settled in Moscow, and the newly independent country inherited a system from the USSR which slowly began to be adapted piecemeal, (as it was in other former Soviet countries).  The result seems to be a jigsaw in which the pieces don’t seem to fit together very well.

The country also inherited a registration system – commonly known as OVIR registration.  In theory everyone needs to be registered with the local authorities in the locality where they reside.  If they move, (even temporarily – say for six months) they need to re-register in the new locality.  Visitors also need to be registered – usually within 5 days of arrival.

Without going into the details about the laws, regulations and history – here are some of the anomalies:

• A Japanese citizen doesn’t need a visa – but does need to register with OVIR
• A Turkish citizen doesn’t need a visa if they are staying for less than three months (but do if they are staying for longer), and do need to register with OVIR
• A Kazakh citizen doesn’t need a visa, and doesn’t need to register with OVIR if they are staying in the country for less than 60 days
• A Russian citizen doesn’t need a visa, and doesn’t need to register with OVIR if they are staying in the country for less than 90 days
• An Uzbek citizen does need a visa – or a “putyevka” (voucher from a sanatoria on Lake Issyk Kul) and does need to register with OVIR
• Citizens of 28 countries (for example: the several – but not all – member states of the European Union, the USA, Canada, Australia and New Zealand) do need a visa – but can obtain one valid for up to one month, from an Kyrgyz embassy or consulate without an invitation (… if they want to stay for more than one month, or to apply at a Kazakh embassy, then they do need one), but they are exempt from registering with OVIR,
• Citizens of most countries (for example: a Brazilian citizen) need a visa, and an invitation – and must register with OVIR.  The registration of the invitation usually takes about a week.
• Citizens of some countries (for example: India, Pakistan, Saudi Arabia, Iran, …) need a visa, and an invitation – and must register with OVIR.  The registration of the invitation takes a minimum of two weeks – as special procedures apply – but often takes longer, and applications are often rejected … and this is despite the fact that the governments of the Kyrgyz Republic enjoys good diplomatic relations with most of these countries.
• Citizens of some countries (but not all) traveling on Diplomatic passports o not need visas

There are some other special cases – regarding, for example, Heads of States or visiting Parliamentary delegations – but these examples are more than enough to demonstrate the labyrinth of rules and regulations which someone like myself, (running a tour company) has to navigate.

To make matters worse, there are still many travelers who rely on old guidebooks and think that the “72 hour rule” still applies – which allowed a traveler 3 days to transit one country if they had visas for two of the neighbouring states.  It doesn’t, and it hasn’t operated for many years.

The question of visas often vexes me when trying to explain the situation to a potential client.  It is true that the Kyrgyz Republic has one of the most liberal regimes in Central Asia, if not the whole of the former Soviet Union, but the situation is still problematic for many potential visitors.

One reason is because there are so few places where it is possible to obtain one for Kyrgyzstan.  There are very few Kyrgyz embassies or Consulates around the world.  It is true that the number is increasing – but slowly.  It is true that there is Consular Office in Manas Airport in Bishkek, offering the possibility to obtain the visa on arrival – but not at other entry points.

It is also true that it is possible to apply for a visa to visit the Kyrgyz Republic at a Kazakh embassy or consulate in countries where there is no Kyrgyz diplomatic representation – but although there are a few more of these around the world … their number and distribution is still limited.

It also needs to be recognized that Kyrgyz consular officials around the world tend to have a good reputation for being friendly, efficient and helpful.  If they can accommodate the travelers’ request, they will.

There are other problems/issues … the time taken to issue a visa, and the cost varies from place to place.  Time scales for issuing a visa can vary from three days to a week … or they can be issued in a single day – but sometimes in return for an additional fee.  Different embassies seem to charge different fees – and although there is a scale of fees for services provided within Kyrgyzstan – it is not exactly transparent … there is an additional “consular fee” to be considered.  It is true that visa fees are an important source of income for Kyrgyz embassies abroad, and now that the visa takes the form of a numbered sticker physically stuck on a page inside the passport, and not just a stamp, there will be greater control over these revenues than in the past.  However, no-one seems to know how much the Kyrgyz Republic receives in the form of visa fees – nor how much it costs to administer the system.

Those of us working in the Tourism Industry have been trying to persuade the government to implement a more liberal visa and OVIR registration regime … but, so far, we’ve been unsuccessful.  We have suggested:

• Return to a situation where travelers can transit the country for a period of, say, 5 days on the basis of visas for neighbouring countries and proof of onward travel
• Increase the list of countries (currently 28 countries) for which citizens can receive a visa for one month without an invitation for a period of upto one month without an invitation, to include at least all the countries of the enlarged European Union
• Create a special “visa free regime” for the countries where are invitation is not required – limited to the summer season (May to September) and for a stay of upto, say one month
• To simplify the system of scrutinizing visa applications from the “countries of risk” so that the time taken is shorter and the process more predictable
• Increase the number of places on the border where it would be possible to obtain a visa on arrival – this shouldn’t require opening consular offices because it could be just an administrative process if visa support from the Ministry of Foreign Affairs has been obtained.
• Simplify the process of registration so that temporary registration, for say one month, is granted when entering the country, the details recorded and the passport is stamped
• Extend the list of countries for which registration is not required for a temporary, (say, one month), stay in the country
• Examine the current systems and explore the possibility of rationalizing them.

This last point is perhaps the most important.

Perhaps it is would help to “go back to basics” and examine the rationale behind the visa and the requirement to register.  As I said above, the current situation in Kyrgyzstan is based on one inherited from the Soviet Union and has been amended piecemeal – hence the confusing labyrinth that we have today.  Re-examining the rationale might help to create a greater understanding and

A visa is permission to enter the country. The policy for agreeing to issue, or withhold, such permission is the sole responsibility of each country.  For example: it is up to the US, to Canada, to the United Kingdom, and so on … to decide who will be allowed to cross the border and enter their countries.  Likewise, it is for the Kyrgyz Republic to decide who it will let into its territory, when and on what conditions.

As such, the visa represents a powerful and important instrument of control.  It allows the country to refuse entry to people who might be considered as undesirable, or likely to create problems for the domestic authorities.  The requirement for a visa implies that the receiving country considers the nationals of another country might present a potential problem for them – especially when nationals of other countries are exempt.  As such it provides a barrier – which can be a psychological barrier … “Kyrgyzstan obviously doesn’t want visitors because they make difficulties for them” … and even if the potential tourist, businessmen, or whatever is not discouraged by the very existence of the visa – the administrative difficulties, can, sometimes, be very difficult, and costly, to overcome, that they are put off and decide not to bother.

It also needs to be remembered that the visa is only one tool available to the authorities in monitoring and controlling foreign nationals on their territory.  For example, there are immigration procedures, the question of registration and the need for work permits.

Consider immigration procedures.  Currently it is illegal to enter the country at any point other than a recognized border crossing point.  Here the passport, and other documentation is examined and registered.  A visa simply represents permission to enter the country under certain conditions, for a given period – it is not, however, a guarantee.  The decision as to whether to allow a visitor to actually cross the border depends on the immigration officer at the point of entry, who has the discretion to refuse … although I am not aware of any case where this has happened in Kyrgyzstan, it is technically possible.)

Then there is registration.  It seems reasonable that the state needs to be aware who is in the country – for reasons of safety and security, if nothing else.  Also, statistics of the number of visitors can be important for planning purposes.

But, it is not just a question for foreigners … even Kyrgyz citizens have to register with the local authorities and if they move from one district to another have to re-register.  They can obtain a temporary registration, but if they move for more than six months they have to remove themselves from one “account” and re-register in their new location.  It seems very odd, therefore, that some foreign nationals are exempt from registration.

For those that do need to register – the fact that there are three deadlines (5, days for most, 60 for Kazakh citizens and 90 days for Russians) seems strange – and although I suppose it could be justified, I haven’t come across any explanation for the differences.

When foreign visitors cross the border, the fact is registered.  It seems to me that if they are in the country for a limited period – this should be sufficient. In fact visitors who do need to register are currently granted five days in which to register – and so this fact is already conceded.  It seems to me that for “short term” visitors, say upto one month, the registration at the point of entry should be all that is required.

Perhaps, for those staying longer, like me, it makes sense that they should inform the local authorities that they are present in the country and where they live.

In some countries it is necessary to register everywhere where the visitor spends a night … perhaps at their hotel – but in Kyrgyzstan, even though hotels are required by law to register foreign guests – but not necessarily local citizens, foreign nationals have to be registered at the local “passport Office”.

For foreigners taking up employment there is also the need to acquire a “work permit”.  There are quotas imposed for the number of foreign nationals that can be employed in the republic, divided according to oblast.  Although I am not sure that I understand the rationale behind this, I do understand the need for “work permits” – permission to obtain employment.  The employer has to show the reasons why they want to employ a foreign national – and obtain permission.  Then the individual has to be separately approved.  It seems to me that this provides an ample form of monitoring, supervision, regulation management and control.

All in all, it seems to me that Kyrgyzstan can only gain from reviewing its visa regime and will make the country more attractive to potential tourists, investors and businessmen if the system was rationalized and simplified.

I want to finish with some actual case studies … they represent real incidents with which we have come across … they are only examples, unfortunately there are more:

• An Indian citizen married to a Dutch citizen wanted to visit the country as part of a Silk Road tour which they were undertaking independently, (not part of an organized group) … using the services of different agencies in each country.  They gave us copies of both passports, the marriage certificate, and the certificate granting right of residence in the Netherlands.  We submitted all of these and asked for visa support for both – even though it was not necessary for the Dutch citizen, who could obtain a visa for himself without an invitation.  The scrutiny process took longer than the two weeks it was supposed to, and was eventually rejected – with no reasons given.  Naturally the clients were displeased and asked for proof that we had indeed done as we had been asked.  Then, whilst en route, they visited a Kyrgyz embassy and explained the situation.  The consular official granted the visa on the spot – no problem.
• An Indian citizen wanted to attend a seminar we were organizing on behalf of an American University.  The other participants were Americans and Europeans who could obtain a visa without an invitation – and did so.  When we tried to register the invitation for this participant, we supplied the necessary passport details and details of the seminar.  The scrutiny process took longer than the two weeks it was supposed to, and was eventually rejected – with no reasons given.  He was not able to attend the seminar.
• A German citizen obtained a visa in Berlin – a six month, multiple entry, tourist visa.  No such visa exists – according to the regulations a tourist visa can be valid for only one month.   Fortunately, he had no problems whilst in the country.
• A Canadian citizen undertaking a “round the world” cycle trip obtained a two month, multiple entry, tourist visa with no problems at a Kyrgyz embassy whilst en-route.  No such visa exists – according to the regulations a tourist visa can be valid for only one month.  He had no problem entering the country – or leaving it again to pass through Kazakh territory.  On trying to re-enter Kyrgyzstan again, the border officials refused to recognize the visa … (strictly speaking, I think they were probably correct).
• A Chinese citizen (with a Taiwanese passport) wanted to accompany her American boyfriend as part of a Silk Road tour which they were undertaking independently, (not part of an organized group) … using the services of different agencies in each country.  The American could obtain a visa without a visa.  The scrutiny of her application took considerably longer than the two weeks it was supposed to – and was refused – with no reasons given.  They traveled from China to Uzbekistan via Kazakhstan – Kyrgyzstan lost two potential “goodwill ambassadors”.
• An Argentinean citizen entered the country from Uzbekistan at the Dostuk post, near Osh.  He went to register in the local OVIR office but was told he didn’t need to as Argentineans were exempt from registration in a newly issued regulation.  Not convinced, when he arrived in Bishkek, he tried again, and was turned away again, with the same story.  When we tried to obtain a copy – we were told there was no such regulation … by this time he had already left the country.

Since this page was written the visa regime and regulations governing registration have changed …

Tags: Tourism, Visas