Decree of the Minister for Foreign Affairs No. 101 / 1983 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Syrian Arab Republic
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Effective from 11.06.1983
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101
DECLARATION
Minister for Foreign Affairs
of 30 May 1983
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Syrian Arab Republic
On 23 May 1979, the Consular Convention between the Czechoslovak Socialist Republic and the Syrian Arab Republic was signed in Damascus.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instruments of ratification were exchanged in Prague on 12 May 1983.
The Convention shall enter into force on 11 June 1983 on the basis of Article 52 thereof.
The Czech version of the Convention shall be published simultaneously.
First Deputy:
Greece
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Syrian Arab Republic
Czechoslovak Socialist Republic and Syrian Arab Republic,
Desiring to further develop and deepen friendly relations between the two States on the basis of universally recognised principles of international law and in particular the principles of sovereign equality of states, territorial integrity and non-interference in internal affairs,
Desiring also to adjust consular relations,
have decided to conclude the following consular convention:
Definitions
For the purposes of this Convention, the following expressions have the following meanings:
1. "consular office" means the Consulate General, the consulate, the Vice-consulate or the consular office;
2. "consular district" means the territory designated by the consular office for the performance of consular functions;
3. "Head of the consular post" shall mean the person authorised by the sending State to carry out the duties associated with this function;
4. "consular officer" means any person, including the head of the consular post, in charge of carrying out consular functions;
5. "consular staff" means any person employed in the administrative, technical or domestic services of the consular office;
6. "members of the consular post" shall mean consular officials and consular staff;
7. "family member" means the spouse of a member of the consular post, as well as his or her children and his or her parents, of his or her spouse, where such persons live with a member of the consular post in the common household;
8. "consular rooms" shall mean buildings or parts of buildings and land belonging thereto which are used solely for the purposes of the consular office, irrespective of who is their owner, including the seat of the head of the consular post;
9. "consular archives" shall mean all documents, documents, correspondence, books, films, recording tapes and registers of the consular office, together with the codes and codes, files and any part of the equipment intended for their protection and storage;
10. "official correspondence" means all correspondence relating to the consular office and its functions;
11. "ship" means any vessel flying the flag of a sending State;
12. "aircraft" means any civil aircraft registered in the sending State in accordance with its legislation and bearing its designation;
13. "nationals of the sending State" means persons who, under the legislation of the sending State, have citizenship of the sending State;
14. "legal persons of the sending State" means organisations established under the legislation of the sending State. They shall be treated as legal persons in the beneficiary State.
Establishment of consular posts and appointment of consular officials and consular staff
1. The Consultative Office may be established in the territory of the beneficiary State only with the consent of that State.
2. The seat of the consular office, its class, consular district and the scope of the consular staff shall be determined by the sending State and shall be subject to the approval of the recipient State.
3. Later changes to the seat of the consular office, its class or the change of the consular district may be made by the sending State only with the consent of the receiving State.
4. The prior explicit consent of the beneficiary State shall also be required for the establishment of an office forming part of the consular post, which shall be located outside the seat of that office.
1. The Head of the consular posts shall be appointed by the sending State and accepted to perform his duties by the receiving State.
2. The sending State shall provide the Head of the consular post with a document in the form of a patent or similar document drawn up for each appointment, which shall certify its function and shall, as a general rule, indicate its full name, category and class, consular circuit and seat of the consular post.
The sending State shall send the patent or similar document by diplomatic or other appropriate means to the Government of the State in whose territory the Head of the consular post is to perform his duties.
3. The Head of the consular post shall be recruited to perform his duties on the basis of the acceptance of the recipient State called exequatur, whatever the form of admission is. It is desirable that the accession be given as soon as possible. Pending the granting of exequatur, the Head of the consular post may be recruited on a provisional basis to perform his duties. In that case, the provisions of this Convention shall apply to it.
4. A State which refuses to provide exequatur shall not be obliged to inform the sending State of the reasons for its refusal.
1. If, for any reason, the Head of the consular post is unable to perform his duties or is temporarily vacant as Head of the consular post, the sending State may delegate the post of temporary head of the consular post to a consular officer of that office or other consular post or a member of diplomatic staff of a diplomatic mission; the name of that person must be communicated provisionally to the Ministry of Foreign Affairs of the beneficiary State.
2. The temporary Head of the consular post shall be granted the rights, privileges and immunities enjoyed by the Head of the consular post under this Convention.
3. Where a member of the diplomatic staff of a diplomatic mission of the sending State provisionally performs the functions of Head of the consular post, his diplomatic privileges and immunities shall remain intact.
As soon as the Head of the consular post is accepted for the performance of his duties, whether provisionally or ad interior, the recipient State shall immediately inform the competent authorities of the consular district and take appropriate measures to enable the Head of the consular post to carry out the duties arising from his office and to benefit from this Convention.
The sending State shall notify the Ministry of Foreign Affairs of the receiving State:
(a) the appointment of members of the consular post, their full name, function, their arrival at the consular post, their final departure or termination of their duties and any other changes affecting their position which may arise during their service at the consular office;
(b) the arrival and final departure of a member of the family of a member of the consular post belonging to his household and, where applicable, the cases where the person becomes or ceases to be a member of the family;
(c) admission to employment and the release of persons residing in the recipient State as regards members of the consular post.
1. Only a citizen of the sending State who is not permanently resident in the recipient State may be a consulate official.
2. Consultants shall not engage in any private or commercial activity in the recipient State for their personal gain.
1. The receiving State shall issue to each consular officer a document certifying its right to carry out consular functions in the territory of the receiving State.
2. The receiving State may at any time and without giving reasons for its decision notify the sending State by diplomatic channels that a consular officer is persona non grata or that any other member of the consular staff is unacceptable. In such a case, the sending State shall, depending on the nature of the case, withdraw the person concerned, terminate his duties at the consular office or revoke his appointment.
3. If the sending State refuses or omits to comply within a reasonable period of time with the obligations it has under paragraph 2 of this Article, the receiving State may, depending on the nature of the case, withdraw the exequatur or cease to consider it as a member of consular staff.
The post of member of the consular post shall end, inter alia:
(a) a written notification by the sending State to the receiving State that its functions have ceased;
(b) by withdrawal of exequatur,
(c) a written notification by the recipient State to the sending State that the recipient State has ceased to consider it as a member of consular staff in the cases foreseen in paragraph 3 of Article 8.
Relief, privileges and immunities
The receiving State shall fully facilitate the performance of the functions of consular and consular officials and shall take the necessary measures to enable them to enjoy the rights, privileges and immunities set out in this Convention.
1. The sending State may, in accordance with the laws of the receiving State, acquire, hire or use, in whatever form provided for in that legislation, land, buildings or parts of buildings for the needs of the consular office or for the accommodation of members of the consular post who are citizens of the sending State.
2. The receiving State shall provide all necessary assistance to the sending State in obtaining land and buildings or parts of buildings for the purposes referred to in paragraph 1.
3. The sending State shall not be deprived of the obligation to comply with the construction and zoning legislation or other restrictions applicable to the area in which the land, buildings or parts of buildings are located.
1. The sending State shall have the right to use its flag and national emblem in the recipient State in accordance with the provisions of this Article.
2. The State flag of the sending State may be displayed and the national emblem placed on the building of the consular office and its entrance, the residence of the Head of the consular office and its means of transport, if used for service purposes.
1. The rooms of the consular office are untouchable. The authorities of the beneficiary State may enter them only with the permission of the Head of the consular post, the Head of the diplomatic mission of the sending State or the person authorised by one of them.
2. The beneficiary State has a special obligation to take all appropriate measures to protect the rooms of the consular post from intrusion or damage and to prevent any interference or damage to its dignity.
3. The rooms of the consular office, their facilities and other property shall not be subject to inspection, props, seizure or execution.
Consular archives and documents are always untouchable wherever they are found.
1. The beneficiary State shall allow and protect the freedom to connect the consular office for all official purposes. When connected to the government, diplomatic missions and other consular authorities of the sending State, wherever they are, the consular office may use all appropriate means of communication, including diplomatic or consular couriers, diplomatic or consular baggage and coded or cryptographic messages. However, the consular office may establish and use a radio station only with the consent of the recipient State. When using public fasteners, they will apply the same conditions to the consular office as to the diplomatic mission.
2. Official correspondence of the consular office shall be inviolable.
3. The consular baggage shall not be opened or detained. However, if the competent authorities of the beneficiary State have serious grounds to believe that the baggage contains anything other than official correspondence, documents or objects intended solely for official use, they may request that the baggage be opened in their presence by the responsible representative of the sending State. If the authorities of the sending State reject such a request, the baggage shall be returned to the place of origin.
4. Consignments constituting consular baggage shall bear a clear external indication of the nature of the consignment and may contain only official correspondence, documents or objects intended exclusively for official use.
5. In the performance of their duties, consular couriers of the sending State in the territory of the recipient State shall enjoy the same rights, privileges and immunities as diplomatic couriers, provided that they are provided with an official document indicating their status and the number of consignments constituting consular baggage. These provisions shall also apply to ad hoc consular couriers whose rights, privileges and immunities cease to apply as soon as the consular baggage is handed over to the carrier.
6. Consular baggage may be entrusted to the ship's captain or to a civil aircraft to land at the authorised entry point. The captain shall be provided with an official document indicating the number of consignments forming consular baggage but shall not be considered as a consular courier. In consultation with the competent local authorities, the consular office may instruct one of its members to take the said baggage directly and freely from or to hand it over to the captain of the aircraft.
The beneficiary State shall treat consular officials with due respect and shall take all appropriate measures to prevent any attack against their persons, freedom or dignity.
1. Consultant officials may not be arrested or taken into custody unless, in the event of a serious crime and at the discretion of the competent judicial authority, they are responsible.
2. Except in the case referred to in paragraph 1 of this Article, consular officials may not be imprisoned or their personal freedom may not be restricted, unless in the exercise of a judicial decision which has acquired legal authority.
3. The consular officer must appear at the competent authorities if criminal proceedings are brought against him. However, the procedure shall be conducted with due regard to the person concerned, justified by his official status, and except in the case referred to in paragraph 1 of this Article, in such a way as to least disturb the performance of consular functions. Where, in the circumstances referred to in paragraph 1 of this Article, a consular officer must be brought into custody, proceedings against him must be initiated as soon as possible.
4. The receiving State shall inform the Head of the consular post without delay in cases where a member of the consular staff is arrested, arrested or prosecuted. Where those measures concern the Head of the consular post, the receiving State shall inform the sending State through diplomatic channels.
1. For acts performed in the exercise of consular functions, consular officials and consular staff shall not be subject to the jurisdiction of the judicial and administrative authorities of the recipient State.
2. The provisions of paragraph 1 shall not apply to civil proceedings:
(a) resulting from a contract not concluded by a consular officer or staff member on behalf of the sending State;
(b) initiated by a third party concerning liability for damage caused in the recipient State in the operation of a vehicle, ship or aircraft;
(c) land and real estate situated in the territory of the beneficiary State, where the consular officer or employee is not owned for consular purposes for the sending State;
(d) concerning an inheritance where the consular official or consular staff does not act as a sending State but as the executor of the last will, the administrator of the inheritance, the heir or the referee;
(e) any private or commercial activity carried out by a consular officer or staff member in the recipient State in addition to his official duties.
1. Members of the consular post may be invited to appear as witnesses to judicial or administrative proceedings. Consultant staff may not, except in the cases referred to in paragraph 4 of this Article, refuse to give evidence. If the consular officer refuses to give evidence, no enforcement measures or other penalties may be applied against him.
2. The relevant provisions of paragraph 1 concerning consular officials and consular staff shall apply mutatis mutandis to members of their families.
3. The authority requesting evidence shall ensure that it does not restrict the consular officer in the performance of his duties. Whenever possible, he may accept or accept testimony in writing at his residence or consular office.
4. Members of the consular office and their family members shall not be obliged to give evidence of the facts relating to the performance of their duties or to submit an official correspondence of the documentation relating to such facts. They shall also be entitled to refuse to submit an opinion as experts in the national law of the sending State.
1. The sending State may waive the privileges and immunities referred to in Articles 17, 18 and 19 with a member of the consular post.
2. The surrender of privileges and immunities shall in all cases be explicit, with the exception of the provisions of paragraph 3 of this Article, and shall be communicated in writing to the beneficiary State.
3. Where a consular official or consular staff commences proceedings in a case in which he has benefited from an exemption from jurisdiction pursuant to Article 18, he may not rely on an exemption from jurisdiction in respect of actions relating directly to the main action.
4. Giving up immunity from jurisdiction in civil or administrative matters does not mean waiving immunity as regards the execution of a judgment; This immunity must be waived separately.
The receiving State shall exempt members of the consular post and their family members living with them in the common household from all personal services, public services of any kind and from military duties such as props, military contests and military accommodation.
1. Consulate officials, consular staff and their family members living with them in the common household shall be exempt from all obligations imposed by the laws and regulations of the recipient State in respect of registration of foreigners, residence permits, work permits and other formalities generally applicable to foreigners.
2. However, the provisions of paragraph 1 of this Article shall not apply to consular staff who are not permanent staff of the sending State or who pursue private gainful activities in the recipient State or to members of their families.
1. Subject to the provisions of paragraph 3 of this Article, members of the consular post shall be exempt from social security provisions which may apply in the recipient State in respect of the services they perform for the sending State and their family members living with them in the common household.
2. The exemption referred to in paragraph 1 of this Article shall also apply to members of private staff who are exclusively employed by members of the consular post, provided that:
(a) that they are not nationals of or permanent residents of the beneficiary State;
(b) they are subject to the social security provisions in force in the sending or in a third State.
3. Members of the consular post who employ persons not covered by the exemption referred to in paragraph 2 of this Article shall fulfil the obligations imposed on employers by the provisions on social security of the recipient State.
4. The exemption provided for in paragraphs 1 and 2 of this Article shall not prevent voluntary participation in the social security scheme of the beneficiary State, provided that participation in it is permitted by the beneficiary State.
1. Consumers and consular staff and their family members living with them in the common household shall be exempt from all taxes and charges, whether personal or in-kind, national, regional or local, except:
(a) indirect taxes normally included in the price of goods or services;
(b) taxes and charges on private immovable property in the territory of the beneficiary State, subject to the provisions of Article 25;
(c) inheritance and transfer charges levied by the beneficiary State, subject to the provisions of point (b) of paragraph 3;
(d) taxes and charges on private income of all kinds originating in the beneficiary State, including profits resulting from the transfer of assets;
(e) taxes and charges levied on the provision of special services;
(f) registration, judicial, mortgage and stamp fees, subject to the provisions of Article 25.
2. Members of the consular post who employ persons whose salaries or wages are subject to income tax in the recipient State must fulfil the obligations imposed by the laws and regulations of that State in respect of the collection of income tax.
3. In the event of the death of a member of the consular post or of a member of his family living with him in the common household, the recipient State shall:
(a) authorise the export of movable property of the deceased, with the exception of property acquired in the beneficiary State, whose export is prohibited at the time of death;
(b) it shall not levy national, regional or local inheritance or property transfer charges, if they are movable property which has been in the territory of the recipient State only as a result of the residence of the deceased in that State as a member of the consular post or a member of the family of a member of the consular post.
1. The sending State shall be exempt from all taxes, levies and charges in the receiving State:
(a) from land, buildings and parts of buildings used for consular purposes or as dwellings of members of the consular post, if they are owned or hired on behalf of the sending State;
(b) contracts and instruments relating to the acquisition of immovable property referred to in paragraph 1 (a);
(c) the performance of consular functions, including the collection of consular fees and charges.
2. The sending State shall also be exempt in the recipient State from all taxes, levies and charges on movable property owned or held by the sending State and intended solely for consular purposes.
3. The exemption provided for in this Article shall not apply to fees and charges for proven services.
1. The accepting State shall, in accordance with the laws and regulations which it may issue, authorise import and grant exemption from all customs duties, taxes and other charges other than storage, transport and similar services:
(a) articles, including cars, intended for the official use of the consular office;
(b) articles intended for the personal use of consular officials and their family members living with them in the common household, including articles intended for their initial establishment. Consumer articles may not exceed the quantity required for direct consumption by the persons concerned.
2. Consultants shall enjoy the privileges and exemptions referred to in paragraph 1 of this Article if they are articles imported on taking up office.
3. The personal luggage of consular officials and their family members living with them in the common household shall be exempt from the customs inspection. They may be examined only if there are serious grounds for believing that they contain articles other than those referred to in paragraph 1 (b) of this Article, or objects whose import or export is prohibited by the laws and regulations of the recipient State, or which are subject to its laws and regulations on quarantine. Such inspection may only be carried out in the presence of a consular officer or his family member.
Subject to the legislation of the beneficiary State on areas to which access is prohibited or modified for reasons of national security, the consular officer or consular staff as well as its family members may travel freely within the territory of the beneficiary State.
1. Consular staff who are citizens of or permanent residents of the recipient State shall be subject to the jurisdiction of the recipient State, except where the performance of their duties is concerned, and shall enjoy nothing but immunity under Article 19.
2. The provisions of this Title, with the exception of Article 19, shall not apply to members of the family of persons referred to in paragraph 1 of this Article or members of the family of a member of the consular post who are citizens of, or permanent residents of, the recipient State.
3. The receiving State shall exercise its jurisdiction over the persons referred to in paragraphs 1 and 2 of this Article in such a way that it does not unduly restrict the performance of the functions of the consular post.
Consular functions
Consultants shall be entitled to:
(a) protect the rights and interests of the sending State and its citizens, including legal persons, in the recipient State;
(b) promote the development of trade, economic, cultural and scientific contacts between the Parties and develop friendly contacts between them;
(c) identify by all legal means the state and development of the commercial, economic, cultural and scientific life of the recipient State; report on them to the Government of the Sending State and provide information to interested parties.
1. A consular officer shall be entitled to perform the functions referred to in this Convention in the consular district in accordance with the legislation of the recipient State.
The consular officer may, with the consent of the recipient State, perform consular functions outside the consular district.
2. Consultative officials may, in the performance of their duties, refer to:
(a) the competent local authorities of their consular district;
(b) the competent central authorities of the beneficiary State, where permitted by the laws, regulations and practices of the recipient State or by international agreements governing the matter.
1. In accordance with the laws and regulations of the receiving State, the consular officer shall have the right to represent or take measures to ensure the appropriate representation of the citizens of the sending State before the courts and other authorities of the receiving State in cases where, for absence or otherwise, he is unable to defend his rights and interests in good time. The same applies to legal entities of the sending State.
2. The representation referred to in paragraph 1 of this Article shall cease as soon as the represented persons have appointed their agent or have themselves protected their rights and interests.
The consular officer shall be entitled to:
(a) register nationals of the sending State;
(b) receive applications and declarations in respect of citizenship of nationals of the sending State and issue relevant documents;
(c) to issue, extend, amend, revoke, withdraw and retain travel documents of citizens of the sending State;
(d) issue and cancel relevant visas to persons wishing to travel to the sending State.
1. To the extent provided for by the legislation of the sending State, the consular officer shall be entitled:
(a) to acquire and copy copies of the birth and death certificates of citizens of the sending State;
(b) to marry and issue appropriate documents on this subject, provided that the two fiancé are citizens of the sending State, and subject to the notification by the competent authorities of the recipient State, provided that his legislation so requires,
(c) register the conclusion of a marriage or the annulment of a marriage which has taken place under the legislation of the beneficiary State if at least one of the participants is a national of the sending State;
(d) accept declarations concerning the family circumstances of the citizens of the sending State.
2. Those provisions shall not exempt persons concerned from the obligation to report prescribed by the legislature of the beneficiary State.
3. The competent authorities of the beneficiary State shall immediately and free of charge send copies and extracts of the documents relating to the citizens of the sending State and required for administrative purposes to the consular office.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 101 / 1983 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Syrian Arab Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.10.1983 |
|---|---|
| Effective from | 11.06.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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