Decree of the Minister for Foreign Affairs No. 143 / 1973 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics
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Effective from 07.10.1973
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143
DECLARATION
Minister for Foreign Affairs
of 5 October 1973
on the Consular Convention between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics
On 27 April 1972, the Consular Convention between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics was signed in Moscow.
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 Prague on 8 August 1973.
Pursuant to its Article 43 (1), the Convention entered into force on 7 September 1973.
The Czech version of the Convention shall be published simultaneously.
First Deputy Minister:
Krajčir v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics
The President of the Czechoslovak Socialist Republic and the Presidium of the Supreme Soviet Union of the Soviet Socialist Republics, led by the desire to further develop friendly relations, in accordance with the Treaty on Friendship, Cooperation and Mutual Assistance between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics, signed in Prague on 6 May 1970, having regard to the need to amend the Consular Convention between the Czechoslovak Republic and the Union of Soviet Socialist Republics, signed in Prague on 5 October 1957, decided to conclude this Consular Convention and appointed for this purpose their agents:
President of the Czechoslovak Socialist Republic
Bedřich Illek, Head of the Consular Department of the Federal Ministry of Foreign Affairs of the Czechoslovak Socialist Republic,
Presidium of the Supreme Soviet Union of Soviet Socialist Republics
Nikolai Ivanovich Molyakov, Head of Consular Administration of the Ministry of Foreign Affairs of the Union of Soviet Socialist Republics,
who, following the exchange of their full powers, found in the proper order and in the prescribed form, have agreed on the following:
Definitions
For the purposes of this Convention, the following expressions have the following meanings:
1. 'consular office' shall be the Consulate General, the consulate, the Vice-consulate and the consular office;
2. "Head of the consular post" shall mean the Consul General, the Consul General, the Vice-Consul and the consular agent responsible for the management of the consular post;
3. "consular officer" shall mean any person, including the head of the consular post, responsible for carrying out consular functions. The term "consular officer 'shall also include persons seconded to the consular post to obtain experience in the consular service (interns);
4. "consular staff" shall mean a person who is not a consular officer and who performs administrative or technical services in the consular office. The term "consular staff 'also includes drivers, servants, gardeners, etc., performing services to the consular office;
5. "consular rooms" means buildings or parts of buildings, including the residence of the head of the consular post, and land belonging to such buildings or parts of buildings, used exclusively for consular purposes, without account being taken of the owner;
6. "consular archives" are all documents, codes, documents, books, technical means and equipment intended for their storage;
7. "ship" is any ship flying the flag of the sending State.
Establishment of consular posts and appointment of consular officers
(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, its classification and the boundaries of its consular district shall be determined by mutual agreement of the sending and receiving States.
(1) Prior to the appointment of the Head of the consular post, the sending State shall seek the consent of the receiving State through diplomatic channels.
(2) The sending State shall, through its diplomatic representation, submit to the Ministry of Foreign Affairs of the receiving State a consultative patent or other document appointing the Head of the consular post. The patent or other document shall state the name and surname of the head of the consular post, his nationality, class, consular district in which he will perform his duties, and the seat of the consular post.
(3) Upon presentation of a patent or other appointment document, the beneficiary State shall, if possible, grant the head of the consular post an exequatur or other authorisation in the short term.
(4) Pending the issue of exequatur or other authorisation, the receiving State may give consent to the Head of the consular post for the provisional performance of its functions.
(5) The head of the consular post may take up his duties as soon as the beneficiary State grants him an exequatur or other authorisation.
(6) From the date of recognition of the Head of the consular post or provisional authorisation, the authorities of the beneficiary State shall take the necessary measures to enable it to carry out its duties.
The sending State shall notify the Ministry of Foreign Affairs of the receiving State in advance of the name and surname, nationality and post of consular officer appointed to the consular post in a capacity other than the Head of the consular post.
Only a citizen of the sending State may be a consulate official.
The receiving State may at any time notify by diplomatic channels to the sending State without having to inform the reasons for its decision that exequatur or any other authorisation granted to the head of the consular post has been revoked or that the consular officer or consular staff is unacceptable. In such a case, the sending State shall withdraw the consular officer or staff member if he has already taken up his duties.
Privileges and immunities
(1) The beneficiary State shall provide protection to the consular officer and shall take the necessary measures to enable him to fulfil his obligations and to exercise all rights, privileges and immunities conferred upon him by this Convention and the laws of the recipient State.
(2) The beneficiary State shall take the necessary measures to ensure the protection of the consular office and the apartments of consular officials.
(1) If, for any reason, the Head of the consular post cannot perform his duties or his post is temporarily vacant, the sending State may entrust the consular officer of that or other consular office in the recipient State, or one of the diplomatic staff of its diplomatic mission in the recipient State, to the provisional management of the consular post. His name and surname shall be communicated in advance to the Ministry of Foreign Affairs of the beneficiary State.
(2) The person in charge of the provisional management of the consular post is entitled to perform the duties of Head of the consular post in whose place he was appointed. It has the same obligations and enjoys the same rights, privileges and immunities as a person appointed under Article 3 of this Convention.
(3) The appointment of a diplomatic staff member of the diplomatic mission of the sending State by the consular officer referred to in point 1 of this Article shall not affect the privileges and immunities arising from his diplomatic status.
The sending State may, in accordance with the laws of the receiving State, acquire ownership or lease in any way of land, buildings or parts thereof for the location of the consular post, as well as accommodation of consular officials and consular staff.
Where necessary, the receiving State shall assist the sending State in the acquisition of land, buildings or parts thereof for the aforementioned purposes.
(1) The consular shield with the emblem of the sending State and the name of the consular office in the language of the sending State and in the language of the receiving State may be located on the building of the consular office.
(2) The flag of the sending State may be erected in the building of the consular office and the residence of the head of the consular office.
(3) The Head of the consular post may also use the flag of the sending State on his means of transport.
(1) Buildings or parts thereof, used exclusively for the purposes of the consular post and the parcels attached thereto, are untouchable.
The authorities of the beneficiary State may not enter buildings or parts of buildings which are used exclusively for the purposes of the consular post, as well as land belonging thereto, without the consent of the Head of the consular post, the Head of the diplomatic mission of the sending State or of a person authorised by one of them.
(2) Point 1 of this Article shall also apply to condos of consular officials and staff.
The consulate archives are always and everywhere untouchable.
(1) The consulate shall have the right to contact its government or diplomatic mission and the consular authorities of the sending State. To this end, the consular office may use all the usual fasteners, shifters, couriers and sealed baggage.
When using the usual fasteners, the consular authority shall apply the same tariffs as for the diplomatic mission.
(2) The official correspondence of the consular office, irrespective of the fasteners used, as well as sealed baggage bearing a visible sign indicating their official character, is untouchable and cannot be controlled or detained by the authorities of the recipient State.
(3) The consular couriers of the sending State enjoy the same rights, privileges and immunities as diplomatic couriers in the territory of the receiving State.
(4) Consular baggage may be entrusted to the captain of the ship or aircraft to which an official document is issued indicating the number of baggage constituting the consignment but not being considered as a consular courier. The consular officer may take the baggage directly and freely from the hands of the ship's captain or aircraft and hand it over to him as well.
The person of the consular officer and consular staff shall be inviolable. He must not be imprisoned or detained in any way. The beneficiary State must take all necessary measures to prevent any attacks on its person, freedom and dignity.
(1) A consular officer or an employee of the consular post shall be excluded from the jurisdiction of the recipient State, except where:
(a) a substantive action relating to private immovable property in the territory of the recipient State, unless it is held on behalf of the sending State for consular purposes;
(b) an action relating to an inheritance in which the consular official or employee is a private person and not on behalf of the sending State, the executor of the last will and testament, the heir or the referee;
(c) an action relating to the pursuit of a profession or business activity carried out by a consular official or employee in the recipient State in addition to his official duties.
(2) No administrative measures may be taken against a consular officer or a staff member of the consular post, except in the cases referred to in points (a), (b), (c) of paragraph 1 of this Article, and otherwise only on condition that administrative action may be taken without prejudice to the integrity of his person or his residence.
(3) Members of the families of consular officials or of the staff of the consular post, when living with them in the common household, are exempt from the jurisdiction of the recipient State and enjoy personal integrity to the same extent as consular officials or consular staff.
(4) The sending State may waive the immunity of consular officials, consular staff and members of their families. The waiver of immunity shall be explicit in all cases. Giving up immunity from jurisdiction in civil and administrative matters does not mean waiving immunity as regards the execution of a decision to be waived separately.
(1) The consular officer and the staff member of the consular post are not required to testify as a witness.
(2) In the event of the consent of the sending State to testify as a witness by a consular official or a member of the consular post, that person may, upon request, testify as a witness.
(3) Enforcement measures aimed at forcing the consular officer or the staff of the consular office to testify before or to appear before a court for that purpose, as well as the prosecution thereof, if he refuses to testify or does not appear before a court, are inadmissible.
(4) A member of the consular post to whom the provisions of points 1, 2 and 3 of this Article do not apply pursuant to Article 26 of this Convention may refuse to testify as a witness to the facts relating to the service.
(5) When applying the provisions referred to in point 2 of this Article, all necessary measures shall be taken to avoid disturbances of the consular office. Where possible, oral or written testimonies may be made at the consular office or at the apartment of the relevant consular officer or of the staff of the consular post.
(6) The provisions of this Article shall apply both to judicial proceedings and to administrative proceedings.
(7) The provisions of this Article shall apply accordingly to members of the families of consular officials and of the staff of the consular post, provided that they live in a shared household with them.
(1) The consular officer and the staff of the consular post shall be exempt in the recipient State from military duties and public duties of all kinds.
(2) Point 1 of this Article shall also apply to members of the families of consular officials and staff of the consular office living with them in the common household.
The consular officer or staff of the consular post, as well as members of their families living with them in the common household, shall be exempt from any obligations laid down by the laws and regulations of the recipient State relating to registration, residence permits and other similar obligations imposed by aliens.
(1) The sending State shall be exempt from all taxes and charges by the receiving State for:
the land, buildings or parts of buildings used exclusively for consular purposes, including the apartments of consular officials and of the staff of the consular post, where the property is owned or leased by the sending State or by a natural or legal person acting on behalf of that State;
legal acts or documents relating to the acquisition of such immovable property where the sending State obtains such property solely for consular purposes.
(2) Point 1 of this Article shall not apply to payments for services rendered.
A consular officer or an employee of the consular post shall be exempt in the recipient State from all taxes and charges imposed and levied by the recipient State on salaries for the performance of his duties.
The consular officer or staff of the consular post and members of their families living with them in the common household shall be exempt in the recipient State from all taxes and charges imposed by the State, the District and the Local. The movable property of those persons shall also be exempt from taxes and charges.
(1) The receiving State shall not impose or levy any taxes or charges on movable property owned or held by the sending State or used for consular purposes, as well as in connection with the acquisition of assets which, in another case, the sending State would be obliged to pay under the law.
(2) All items, including cars, imported exclusively for the service purposes of the consular office are exempt from customs duties and all other charges levied on importation, as well as items imported for the service purposes of the diplomatic mission of the sending State in the recipient State.
(3) The personal luggage of the consular officer and his family members is exempt from customs control. The consular officer or staff of the consular post, as well as members of their families living with them in the common household, shall be exempt from customs and other charges levied upon importation by the relevant category of staff of the diplomatic mission of the sending State.
(4) The term "relevant category of staff of a diplomatic mission 'in paragraph 3 of this Article shall mean members of diplomatic staff in the case of consular officers and members of administrative technical staff in the case of consular staff.
(1) In the context of consular activities, the consular office may levy fees set by the sending State.
(2) The sending State shall be exempt from all national, regional and local taxes and charges imposed and levied by the receiving State on the amounts referred to in point 1 of this Article.
All persons enjoying privileges and immunities under this Convention shall, without prejudice to their privileges and immunities, comply with the laws and regulations of the recipient State, including the laws and regulations governing road traffic and car insurance.
In the performance of his / her duties, the consular officer shall have the right to move freely within his / her consular district unless this is contrary to the laws and regulations of the recipient State in respect of areas where entry is prohibited or restricted for reasons of national security.
Article 11 (2), (14), (15), (16) (1), (2), (3) and (7), (17), (18), (20), (21), (22) (3) of this Convention shall not apply to citizens of the recipient State or to persons residing in the recipient State.
Consular functions
The consular officer shall have the right to:
(a) protect the rights and interests of the sending State, its citizens and legal persons;
(b) to facilitate the development of trade, economic, cultural and scientific contacts between the sending State and the receiving State, to promote the development of tourism and otherwise to contribute to the development of mutual friendly relations;
(c) in addition, the consular officer may perform other official consular functions unless this is contrary to the laws of the recipient State;
(d) in connection with the performance of his duties, the consular officer may contact the competent authorities in the consular district in writing or orally.
(1) The consular officer shall be entitled to:
(a) accept all declarations concerning citizenship required under the laws of the sending State;
(b) keep a record of the citizens of the sending State;
(c) issue, extend, annul passports, entry, exit and transit visas and other similar documents, and make amendments thereto;
(d) register and be informed of the birth or death of citizens of the sending State;
(e) to conclude and distribute marriages in accordance with the laws of the sending State, provided that both persons are citizens of the sending State;
(f) to accept declarations concerning the family relations of citizens of the sending State in accordance with the laws of the sending State;
(g) verify documents.
(2) The consular officer shall inform the competent authorities of the beneficiary State of any action taken and registered in the consular post in accordance with points (d) and (f) of paragraph 1 of this Article where the laws of the recipient State so require.
(1) The consular officer has the right to perform notarial functions in the consular district under the laws of the sending State:
(a) at the request of a person of any nationality for use in the sending State;
(b) at the request of the citizens of the sending State for use outside the territory of that State.
(2) The consular officer has the right to submit documents and to verify the accuracy of translations.
The documents drawn up or authenticated or translated by the consular officer in accordance with Article 29 of this Convention shall be of the same legal importance in the recipient State as documents drawn up, translated or certified by the competent authorities and authorities of the recipient State.
(1) A consulate official shall have the right to receive documents, money, valuables and other property belonging to him for safekeeping for the citizens of the sending State.
(2) Such documents, money, valuables and property may be exported from the beneficiary State only in accordance with its laws.
(1) The competent authorities of the beneficiary State shall inform the consular officer as soon as possible of the death of the citizen of the sending State and shall communicate to him details of the inheritance, heirs and the existence of the will.
(2) The competent authorities shall inform the consular officer of the inheritance in the territory of the recipient State if the citizen of the sending State is the heir.
This also applies where the competent authorities of the beneficiary State establish the existence of an inheritance in favour of a citizen of the sending State in the territory of a third State.
The powers of consular officials in matters of succession are governed by the provisions of the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on legal aid in civil, family and criminal matters.
The consular officer shall have the right, if empowered by the laws of the sending State, to adopt and establish custody in cases where, under the Treaty between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics on Legal Assistance in Civil, Family and Criminal Matters, the implementation of adoption or the establishment of custody falls within the competence of the Sending State.
The consular officer shall have the right to represent the citizens of the sending State before the State authorities of the recipient State if, as a result of his absence or for other serious reasons, he cannot defend his rights and interests in due time. Such representation shall continue until the represented persons have appointed their agents or until they themselves have taken up the defence of their rights and interests.
(1) The consular officer shall have the right to meet and negotiate in his consular district with any citizen of the sending State, advise him and provide all assistance, including legal assistance if necessary.
The receiving State shall in no way restrict the contacts of the sending State with the consular office and access to the consular office.
(2) The competent authorities of the receiving State shall immediately inform the competent consular officer of the sending State of the imprisonment or other detention of the citizen of the sending State.
(3) A consular officer shall have the right to enter into contact without delay with a citizen of the sending State who is in custody or otherwise detained or who is serving a prison sentence. Rights under this paragraph shall be exercised in accordance with the laws and regulations of the recipient State, but under the conditions that those laws and regulations shall not invalidate those rights.
(1) The consular officer has the right to provide all support and assistance to the ship of the sending State in ports, territorial waters or inland waters of the receiving State.
(2) The consular officer may board the ship of the sending State as soon as the ship is authorised to have free contact with the coast and the ship's captain and crew members are able to make contact with the consular officer.
(3) The consular officer may contact the competent authorities of the recipient State for assistance on all matters relating to the performance of his duties towards ships of the sending State, as well as the captain and crew members of those ships.
The consular officer shall be entitled to:
(a) to investigate all events occurring during a voyage on a ship of the sending State, to question the captain and any crew member of the ship of the sending State, to check the ship's documents, to receive reports concerning the ship's voyage and destination, as well as to facilitate the entry, exit and stay of the ship in port, unless this violates the rights of the authorities of the receiving State;
(b) to resolve any disputes between the captain and any crew member, including disputes concerning wages and employment contracts, provided that the laws of the sending State so provide do not infringe the rights of the authorities of the receiving State;
(c) take measures for hospital treatment and return to the home of the captain or any member of the ship's crew;
(d) receive, produce or verify any declaration or other document under the laws of the sending State in respect of ships.
(1) Where the courts or other competent authorities of the beneficiary State wish to take any enforcement action or to initiate any official investigation on a ship of the sending State, the competent authorities of the receiving State shall inform the competent consular officer accordingly. Such notification shall be made before such measures are implemented so that the consular officer or his representative may be present when those measures are implemented. If the consular officer or his representative has not been present, the competent authorities of the beneficiary State shall, at his request, provide full information on what has been done.
(2) The provisions of point 1 of this Article shall also apply where the captain or crew members of the ship are to be questioned on the shore by the authorities of the port location.
(3) The provisions of this Article shall not apply to normal customs, passport or medical checks, as well as to any measures taken at the request or with the consent of the ship's captain.
(1) If a ship of the sending State falls down, on a shallow land or if it is thrown ashore, or if it else fails in the receiving State, or if any object which is part of the cargo of a shipwreck of a third State and is the property of a citizen of the sending State is found on or near the shore of the receiving State or transported to a port of that State, the competent authorities of the receiving State shall notify the competent consular officer as soon as possible. They will also inform the consular officer of the measures already taken to rescue people, ships, cargo and other property on board the ship and items belonging to the ship or forming part of its cargo which have separated from the ship.
(2) The consular officer may provide all assistance to such a ship, its passengers and its crew members. To this end, it may request assistance from the competent authorities of the beneficiary State. The consular officer may take the measures referred to in paragraph 1 of this Article as well as measures to repair the ship, or may request the competent authorities to take or continue to take such measures.
(3) Where a shipwreck or any object belonging to that ship has been found on or near the shore of the recipient State or has been imported to a port of that State, and where neither the ship's captain nor the owner, his representative or his competent insurers are in a position to take measures to maintain or dispose of such a ship or object, the consular officer shall be deemed to be authorised to take on behalf of the owner of the ship such measures as the owner could have done for those purposes.
The provisions of this paragraph shall also apply to any object which is part of a cargo ship and is the property of a citizen of the sending State.
(4) If any item which is part of the cargo of a shipwreck of a third State is the property of a citizen of the sending State and is found on or near the bank of the receiving State or is brought to a port of that State, and neither the ship's captain nor the owner of the object, his representative or the relevant insurers are in a position to take measures to preserve or dispose of such an object, the consular officer shall be deemed empowered to take on behalf of the owner such measures as the owner could have done for such purposes.
Articles 37 to 40 shall apply mutatis mutandis to aircraft.
General and final provisions
(1) Members of diplomatic staff of a diplomatic mission of a sending State in the recipient State, in charge of carrying out consular functions on that mission, shall be subject to the rights and obligations of consular officials under this Convention.
(2) The exercise of consular functions by the persons referred to in point 1 of this Article shall be without prejudice to the privileges and immunities arising from their diplomatic status.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 143 / 1973 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Union of Soviet Socialist Republics |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.11.1973 |
|---|---|
| Effective from | 07.10.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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