Decree of the Minister for Foreign Affairs No. 119 / 1982 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and Socialist Ethiopia
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Effective from 28.06.1982
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119
DECLARATION
Minister for Foreign Affairs
of 3 September 1982
on the Consular Convention between the Czechoslovak Socialist Republic and Socialist Ethiopia
On 13 September 1981, the Consular Convention between the Czechoslovak Socialist Republic and Socialist Ethiopia was signed in Addis Ababa.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Addis Ababa on 28 June 1982.
The Convention entered into force on 28 June 1982 pursuant to Article 44 thereof.
The Czech translation of the text of the Convention is announced simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and Socialist Ethiopia
Czechoslovak Socialist Republic
and
Socialist Ethiopia
guided by the desire to further strengthen the ties of friendship between the two countries,
Desiring to adjust consular relations between the two States in order to facilitate the protection of the interests of the two States and the protection of the interests and rights of their citizens,
have decided to conclude this Consular Convention and have agreed on the following:
Definitions
1. For the purposes of this Convention, the following expressions have the following meanings:
(a) the "consular office" shall be the Consulate General, the consulate, the vice-consulate or the consular office;
(b) "consular circuit" means a territory designated by the consular office for the performance of consular functions;
(c) "Head of the consular post" shall mean the Consul General, the Consul, the Vice-Consul, the Consular Manager or any other consular official or other person authorised by the sending State to carry out duties relating to this function;
(d) "consular officer" means any person, including the head of the consular post, in charge of carrying out consular functions;
(e) "consular staff" means any person employed in the administrative, technical or domestic services of the consular office;
(f) "members of the consular post" shall mean consular officials and consular staff;
(g) "consular rooms" means buildings or parts of buildings and associated land used exclusively for the purposes of the consular office, irrespective of who the owner is;
(h) "consular archives" shall include all documents, documents, correspondence, books, films, recording tapes and registers of the consular office, together with the codes and codes, files and any equipment intended for their protection and storage;
(i) "ship of the sending State" means any vessel legally flying the flag of the sending State, with the exception of warships;
(j) "aircraft of the sending State" means any civil aircraft which has the legal nationality of the sending State and bears its registration marks;
(k) "citizen of the sending State" means any person who holds the nationality of the sending State under its law;
(l) "family members" means the spouse, children and parents of a member of the consular post who live with him and at his expense;
(m) "official correspondence" shall mean all correspondence relating to the consular office and its functions.
2. The beneficiary State will consider and treat the legal entities of the sending State as those established under the legislation of the sending 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 its consent.
2. The seat of the consular office and the consular district shall be determined by agreement between the sending State and the receiving State.
1. The sending State shall request prior diplomatic approval by the receiving State of the appointment of the Head of the consular post.
2. On receipt of such consent, the diplomatic mission of the sending State shall transmit to the Ministry of Foreign Affairs of the receiving State a patent or other document of appointment. The full name of the head of the consular post, his citizenship, his class, the seat of the consular office and the consular district shall be indicated in the patent or other document of appointment.
3. Upon transmission of the consultative patent or other document appointing the head of the consular post, the recipient State shall grant him, as soon as possible, an exequatur or other admission.
4. The Head of the consular post may take up his duties upon presentation of a consultative patent or other document of appointment and after being granted exequatur or other acceptance by the recipient State.
5. After the exequatur or any other admission pursuant to this Article has been granted, the authorities of the beneficiary State shall take all necessary measures to enable the Head of the consular post to take up his duties and to enjoy the rights, privileges and immunities which he has under this Convention and the legislation of the recipient State.
The receiving State may grant the Head of the consular post provisional permission to perform consular functions until such time as exequatur or other admission is granted to him.
Only a citizen of the sending State who is neither a citizen of the recipient State nor a citizen of any third State nor has his permanent residence in the recipient State may be a consulate official.
1. The sending State shall notify the Ministry of Foreign Affairs of the receiving State in advance of the full name, citizenship, rank and class of each consular officer appointed to the consular office.
2. The sending State shall also notify the Ministry of Foreign Affairs of the receiving State in writing in advance of the full name, citizenship and post of consular staff appointed to the consular post.
1. The sending State may, in accordance with Articles 3, 5 and 6, entrust one or more of its diplomatic missions in the recipient State with the performance of consular functions. A member of the diplomatic mission in charge of consular functions will continue to enjoy the privileges and immunities of the diplomatic mission.
2. The sending State may establish a consular department in charge of the performance of consular functions in its diplomatic mission.
The receiving State shall issue to each consular officer a document certifying its right to exercise consular functions in the territory of the receiving State.
The receiving State shall provide protection to the consular officer and shall take all necessary measures to prevent any attack on his or her person, freedom and dignity and shall also take all necessary measures to enable him or her to carry out his or her duties and to enjoy the rights, privileges and immunities which he or she has under this Convention.
1. If the Head of the consular post cannot perform his duties for any reason or if the post of Head of consular post is temporarily vacant, the sending State may entrust a consular officer of that consular office or of another consular office of the sending State in the receiving State or a member of diplomatic staff to its diplomatic mission in that State to the temporary management of the consular post. The full name of this person shall be notified in writing to the Ministry of Foreign Affairs of the beneficiary State in advance.
2. The person in charge of the temporary management of the consular post shall be entitled to exercise all functions as Head of the consular post and to enjoy all rights, privileges and immunities as Head of the consular post appointed pursuant to Article 3.
3. The member of diplomatic staff of the diplomatic mission responsible for the temporary management of the consular post shall continue to enjoy the privileges and immunities arising from his diplomatic status.
1. The receiving State may at any time, without giving reasons for its decision, notify the sending State by diplomatic channels that the consular officer is an undesirable person or that the consular staff member is unacceptable.
The sending State shall in such a case withdraw the person concerned.
2. If the sending State fails to fulfil its obligation under paragraph 1 within a reasonable time, the receiving State may refuse to recognise that person as a member of the consular post.
1. The sending State may, to the extent permitted by the legislation of the receiving State, acquire ownership, hold or use, in any other form provided for by that legislation, land, buildings or parts of buildings for the purpose of the location of the consular post or for accommodation of members of the consular post who are citizens of the sending State.
2. The receiving State shall provide the sending State with all assistance for the acquisition of land, 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.
Privileges and immunities
1. In the building in which the consular office is located, and in the seat of the head of the consular office, the national emblem of the sending State may be placed together with the designation of the consular office in the language of the sending and receiving States.
2. The flag of the sending State may be displayed on the building in which the consular office is located, as well as on the headquarters of the head of the consular office and its means of transport used for official purposes.
1. The consulate rooms are untouchable. The authorities of the beneficiary State may not enter them, as well as the head of the consular post and the residence of consular officials, without the permission of the head of the consular post or the head of the diplomatic mission or of a person authorised by one of them.
2. The beneficiary State has a special obligation to take all reasonable measures to protect the consular rooms from intrusion or damage and to prevent any interference or damage to the dignity of the consular post.
The consulate archives are always and everywhere untouchable.
1. The Consulate Office shall have the right to contact its Government, diplomatic missions of the Sending State and other consular offices of the Sending State wherever they are located. The consulate may use all appropriate means of communication, including diplomatic or consular couriers, diplomatic and consular baggage, and coded or encrypted messages, for this purpose. The consular office may establish a radio station only with the consent of the recipient State.
2. When using public means of communication, the consular post will be subject to the same conditions as the diplomatic mission.
3. Official correspondence of the consular office and courier consignments and baggage shall be untouchable and shall not be inspected or detained provided that they bear a clear external designation of their official nature. They may contain only official correspondence and items intended for official use.
4. The consular courier shall be provided with an official document indicating its status and the number of consignments constituting consular baggage. The consular courier shall enjoy the same rights, privileges and immunities as the diplomatic courier of the sending State.
5. Consular baggage may also be entrusted to the ship's captain or to the civil aircraft of the sending State. In any such case, the captain of the ship or aircraft shall be provided with an official document indicating the number of consignments forming consular baggage entrusted to him but not being considered a consular courier. After consulting the competent authorities of the beneficiary State, the consular office may send one of its members to take such baggage directly and freely from the ship's or aircraft's captain or from him.
1. Consulate officials and their family members who are not citizens of or who are not resident in the beneficiary State shall not be subject to the criminal, civil and administrative jurisdiction of the recipient State.
2. Consular staff and their family members who are not citizens of or who are not resident in the recipient State shall not be subject to the jurisdiction of the recipient State in respect of acts in the performance of official duties.
3. The provisions of paragraphs 1 and 2 shall not apply to civil proceedings:
(a) resulting from contracts not concluded by the consular officer or staff member on behalf of the sending State;
(b) an inheritance where a consular official or consular staff member does not act as a sending State but as a private person;
(c) concerning liability for damage caused in the recipient State by means of means of transport;
(d) concerning any private or commercial activity carried out by a consular officer or staff member in the recipient State in addition to his official duties.
4. The sending State may waive the immunity referred to in this Article. Such surrender shall be explicit and shall be communicated in writing to the beneficiary State.
5. The waiver of jurisdiction in civil or administrative matters shall not include the waiver of jurisdiction in respect of the execution of the judgment; this immunity must be waived separately.
(1) Members of the consular post may be invited to testify in judicial or administrative proceedings. If the consular officer refuses to give evidence, no enforcement action may be taken against him. The consular staff may not refuse to give evidence except in the cases referred to in paragraph 3.
2. The relevant provisions of paragraph 1 concerning consular officials and consular staff shall also apply to members of their family.
3. Members of the consular post may refuse to give evidence as regards the performance of their official duties and may refuse to submit official documents and official correspondence. They may also refuse to give evidence as experts in the law of the sending State, its interpretation and its application.
4. The authorities of the beneficiary State which require testimony from consular officials or consular staff shall act in such a way as not to interfere with and interfere with the performance of consular posts. Where possible, they may accept or accept testimonies at the consular office or residence of the consular officer or staff member in writing.
Members of the consular post and their family members who are not citizens of or resident in the recipient State shall be exempt from public services and personal duties of all kinds in the recipient State.
The members of the consular post and their family members who are not citizens of or who are not resident in the recipient State shall be exempt from all obligations laid down by the legislation of the recipient State as regards registration of foreigners, residence permits and other provisions concerning the residence of foreigners.
1. The sending State shall be exempt from all taxes, fees and charges in the receiving State.
(a) land, buildings and parts of buildings used for consular purposes or as dwellings of members of the consular post, provided that they are owned or hired by the sending State;
(b) contracts and instruments relating to the acquisition of real estate referred to in paragraph 1 (a);
(c) the performance of consular functions, including fees for consular services.
2. The sending State shall also be exempt in the recipient State from all taxes, fees and charges on movable property owned or held by the sending State and used solely for consular purposes.
3. The exemption provided for in this Article shall not apply to fees and charges for proven services.
A member of the consular office and its family members who are not citizens of or resident in the recipient State shall be exempt from taxes and charges on their service income in the recipient State.
1. Members of the consular post and their family members who are not citizens of or resident in the recipient State shall be exempt from all national, regional and local taxes and charges, including taxes and charges on movable property owned by them in the recipient State.
2. Paragraph 1 shall not apply to:
(a) taxes normally included in the price of goods or services;
(b) fees and taxes on private immovable property situated in the beneficiary State, without prejudice to Article 21;
(c) inheritance or transfer taxes levied by the beneficiary State;
(d) taxes and charges on private income whose resources are in the beneficiary State;
(e) judicial, notarial and registration fees, without prejudice to the provisions of Article 21;
(f) fees levied for services actually proven.
1. The receiving State shall, in accordance with its legislation, authorise the export of movable property of the consular office and of members of the consular post, provided that they are not citizens of or are not resident in the recipient State.
2. Where a member of the consular post or his family member dies and leaves movable property in the recipient State, the recipient State shall not impose any death, inheritance or transfer tax on such property, unless such persons are citizens of or have their permanent residence in the recipient State and where such property is located in that State exclusively in connection with the residence of the deceased as a member of the consular post or as a member of the family of the consular officer or of the staff member living with him in the common household.
3. The beneficiary State shall authorise the export of movable property referred to in paragraph 2 of this Article, with the exception of property acquired in the recipient State whose export was prohibited at the time of the death of the person concerned.
1. All articles, including motor vehicles imported for the official use of the consular post, shall be exempt, in accordance with the legislation of the beneficiary State, from all customs duties and other taxes or similar charges of all kinds, except for storage, transport and similar services imposed on or in connection with importation as if they had been imported for a diplomatic mission.
2. All items intended for the personal use of consular officials and their family members who are not citizens of, or are not resident in, the recipient State, including those intended for their initial establishment, shall be exempt from all customs duties and charges levied on or in connection with imports, except for storage, transport and similar services. Consular staff who are not citizens of or who are not resident in the recipient State shall enjoy the exemption provided for in this paragraph only in respect of items imported at the time of their first admission to the consular office.
3. Articles intended for personal use shall not exceed the quantity required for the direct use of the persons concerned.
4. The personal luggage of consular officers and their family members who are not citizens of or who are not resident in the recipient State shall be exempt from the customs inspection. They may be examined only where there are serious grounds for believing that they contain articles other than those referred to in paragraph 2 or that the importation or export of which is prohibited by the legislation of the recipient State or subject to quarantine legislation. Such inspection may be carried out in the presence of a consular officer or his family member or his agent.
All persons enjoying privileges and immunities under this Convention shall, without prejudice to such privileges and immunities, comply with the legislation of the recipient State, including the transport and insurance rules of motor vehicles, and shall not interfere in its internal affairs.
Subject to the legislation of the beneficiary State on areas to which access is prohibited or restricted for reasons of national security, the consular officer or consular staff as well as his family members may travel freely within the territory of the beneficiary State.
The provisions of this Article shall not apply to the conditions for issuing visas or other travel documents under the legislation of the beneficiary State.
1. Consumers who are citizens of or resident in the recipient State shall enjoy immunity in accordance with the provisions of Article 18 (3) of this Convention.
2. The beneficiary State shall exercise its jurisdiction over the persons referred to in paragraph 1 of this Article in such a way as not to impede the performance of the functions of the consular post.
Consular functions
1. The consular officer shall be entitled to perform the functions referred to in this Part in accordance with the legislation of the beneficiary State. Other consular functions may be performed only if this is not contrary to the legislation of the beneficiary State.
2. The consular officer shall be entitled to represent the law and interests of the sending State and its nationals in his consular district and in accordance with the laws of the recipient State, both natural and legal persons.
3. In the performance of consular functions, the consular officer shall be entitled to contact the competent local authorities of his consular district in writing and orally, as well as the competent central authorities of the recipient State, to the extent permitted by the laws and practices of the recipient State.
4. The consular officer shall be entitled, if the recipient State so agrees, to carry out consular functions outside his consular district.
The consulate officer will assist the development of economic, commercial, cultural and scientific contacts between the two States as well as the strengthening of their friendly contacts.
1. The consular officer shall be entitled to:
(a) register citizens of the sending State;
(b) receive applications and declarations in respect of citizenship of citizens of the sending State and issue relevant documents;
(c) in accordance with the legislation of the sending State, accept declarations of marriage provided that both persons are citizens of the sending State;
(d) to accept, in accordance with the legislation of the sending State, declarations concerning family relationships and other declarations of the citizens of the sending State;
(e) register the birth and death of citizens of the sending State;
(f) to draw up, certify, verify, certify and legalise documents and other acts necessary for their validity, at the request of a citizen of the sending State, for their application outside the territory of the recipient State;
(g) to translate documents and documents and to verify the accuracy of the translation, as well as to verify documents and signatures of citizens of the sending State;
(h) to write or legalize and accept into the custody of the citizens of the sending State.
2. If the legislation of the beneficiary State so requires, the consular officer shall inform the competent authorities of the beneficiary State of the implementation of the acts referred to in paragraph 1 (c) and (e).
Documents and documents drawn up, translated or authenticated by a consular officer in accordance with Article 31 shall have the same legal effect in the recipient State and the same evidentiary power as documents drawn up, translated or certified by the competent authorities of the beneficiary State, provided that they have been drawn up in a manner which does not conflict with the legislation of the recipient State.
The consular officer shall be entitled to receive documents, cash amounts, valuable items and movable property belonging to or intended for the citizens of the sending State. Such matters which have been taken into custody may be exported from the beneficiary State only in accordance with the legislation of that State.
1. The consular officer shall be entitled, in accordance with the laws of the sending State, to issue, renew, amend and revoke travel documents of the citizens of the sending State.
2. It shall also be entitled to issue, extend and revoke the relevant visas to persons wishing to travel to the sending State.
A consulate official shall be entitled, in accordance with the legislation of the sending State, to take charge of a minor citizen of his State who lives in the territory of the recipient State, if that State recognises such authority.
1. The competent authorities of the beneficiary State shall immediately inform the competent consular officer of the death of a citizen of the sending State in the territory of the recipient State.
2. The competent authorities of the beneficiary State shall also inform the competent consular officer if they become aware of the inheritance of the citizen of the sending State or if they become aware of the inheritance of a person deceased in the recipient State, without regard to his citizenship, which may concern the citizen of the sending State.
3. The competent authorities of the beneficiary State shall, in the cases referred to in paragraph 2, and provided that the inheritance is situated in its territory, take measures in accordance with its law to ensure that the inheritance is carried out and shall transmit a copy of the will to the competent consular officer, if it has been acquired, as well as any available information on the heirs, content and value of the inheritance, and shall inform him of the date on which the proceedings for the succession are opened.
4. The consular officer shall be entitled, in accordance with the law of the recipient State, to represent directly or through a representative the interests of the citizen of the sending State who is entitled to an inheritance situated in the recipient State and who is not domiciled in that State.
5. The consular officer shall be entitled to receive, on behalf of a citizen of the sending State who is not domiciled in the recipient State, the money or other property which may belong to him as a result of the death of any person, including payments in respect of damages, pensions and social security and insurance income.
6. Moved assets and cash amounts resulting from the liquidation of the heirloom belonging to the citizen of the sending State may be transferred to the competent consular officer provided that the creditor's claims have been satisfied or secured and that taxes and inheritance charges have been paid.
7. A consulate official shall be entitled to cooperate with the competent authorities of the beneficiary State in securing the inheritance referred to in this Article.
1. The consular officer shall have the right, in accordance with the laws of the recipient State, to represent the citizens of the sending State in the consular district before the authorities of the receiving State, if he is unable to defend his rights and interests in good time for reasons of absence or other serious reasons. Representation shall continue as long as the representative does not appoint a representative or take over the defence of his rights and interests.
2. The consular officer shall have the right to establish and maintain contact with each citizen of the sending State, advise and provide all necessary assistance and, if necessary, take measures to ensure legal assistance. The receiving State will in no way restrict the right of a citizen of the sending State to contact or visit the consular office.
1. The competent authorities of the beneficiary State shall immediately inform the competent consular officer of the detention or any other restriction on the personal freedom of the citizen of the sending State. The consular officer shall be informed immediately, upon request, of the reasons for the removal or restriction of the personal freedom of a citizen of the sending State.
2. The consular officer shall be entitled to visit and maintain contact with the citizen of the sending State who has been deprived of or whose personal freedom has been restricted as soon as possible. The competent authorities of the beneficiary State shall also transmit to the consular officer, without delay, any written communication from a citizen of the sending State who has been deprived of his or her liberty or whose personal freedom has in any way been restricted.
3. The rights of the consular officer referred to in paragraphs 1 and 2 shall be exercised in accordance with the legislation of the recipient State, provided that such legislation does not revoke those rights.
1. The consular officer shall be entitled to provide all assistance in the consular district to the ship of the sending State located in the port, coastal or internal waters of the receiving State, as well as to its crew and passengers.
2. The consular officer may contact the competent authorities of the receiving State for assistance on any matter relating to the performance of his duties in the case of a ship of the sending State or its crew or passengers.
3. A consulate officer may board the ship as soon as the ship is authorised to contact the coast. The crew members may establish contact with the consular officer without delay.
4. The consular officer shall be entitled to:
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 119 / 1982 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and Socialist Ethiopia |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.10.1982 |
|---|---|
| Effective from | 28.06.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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