Decree of the Minister for Foreign Affairs No. 18 / 1985 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Hellenic Republic
Valid
Effective from 03.08.1984
Zobrazeno prvních 200 z celkem 255 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
18
DECLARATION
Minister for Foreign Affairs
of 15 January 1985
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Hellenic Republic
On 22 October 1980, the Consular Convention between the Czechoslovak Socialist Republic and the Hellenic Republic was signed in Athens.
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 4 July 1984.
The Convention entered into force on 3 August 1984 pursuant to Article 47 (1) thereof.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Hellenic Republic
President of the Czechoslovak Socialist Republic
and
President of the Hellenic Republic
led by the desire to further strengthen friendship relations between their countries;
Desiring to adjust contacts between the two countries in the consular area;
have decided to conclude this Consular Convention and have appointed for this purpose their agents:
President of the Czechoslovak Socialist Republic
His Excellency Lubomír Štrougal,
Prime Minister of the Czechoslovak Socialist Republic
and
President of the Hellenic Republic
His Excellency George Rallis,
Prime Minister of the Hellenic Republic,
who have exchanged their powers of attorney which they have found in good and proper form and have agreed on the following provisions:
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 any person authorised by the sending State to carry out duties relating to this function;
(d) "consular officer" shall mean any person, including the head of the consular post, who has been entrusted with the performance of 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 land belonging thereto, 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 ship flying the flag of the sending State with the exception of warships;
(j) "aircraft of a sending State" means any aircraft registered in that State except military aircraft;
(k) "official correspondence" means any correspondence concerning the consular office and its functions;
(l) "family members" shall mean the spouse, children and parents of a member of the consular post who live with him in the same household and are nourished by him.
2. The provisions of this Convention shall also apply to legal persons established in accordance with the laws and regulations of the sending State and established in that 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 sending and receiving States shall determine, in agreement, the seat of the consular office, its classification and the limits of the consular perimeter. The following changes to the seat of the consular office, its classification or consular district may be made by the sending State only with the consent of 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. Upon receipt of such consent, the sending State shall transmit to the Ministry of Foreign Affairs of the beneficiary State a consultative patent or other appointment document. 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 exequatur or other authorisation as soon as possible.
4. The Head of the consular post may take up his duties after the granting of exequatur or other authorisation by the beneficiary State.
5. The head of the consular post may provisionally take up his duties prior to the granting of exequatur or other authorisation. In this case, the provisions of this Convention shall apply.
6. Without delay after the granting of exequatur or other authorisation or consent for the provisional performance of consular functions, the authorities of the recipient State shall take the necessary measures to enable the Head of the consular office to take up his duties.
Only a citizen of the sending State who is not domiciled in the recipient State may be a consulate official.
1. The sending State shall notify 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 receiving State in advance of the full name, citizenship and capacity of the consular staff appointed to the consular post.
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.
1. The receiving State shall grant the consular post all benefits to the exercise of consular functions and shall take the measures necessary to enable the members of the consular post to exercise their official functions and to enjoy the privileges and immunities provided for in this Convention.
2. The beneficiary State shall treat consular officials with due respect and shall take all appropriate measures to prevent any attack against their person, freedom and dignity.
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 the consular officer of that consular office or of another consular office of the sending State in the recipient State, or a member of diplomatic staff of its diplomatic mission in that State to the temporary management of that 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 have the right 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 in accordance with Article 3.
3. The member of the 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.
The sending State may, in accordance with Articles 3, 4 and 5, 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.
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.
In such a case, the sending State shall withdraw the person concerned.
2. If the sending State fails to fulfil its obligation under paragraph 1 within a reasonable period of 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, hire or use, in any other form provided for by that legislation, land, buildings or parts of buildings in order to provide suitable rooms to the consular post or accommodation for members of the consular post who are citizens of the sending State.
2. The receiving State shall assist the sending State in the acquisition of 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 laws and regulations on construction and urban or other restrictions on the area in which such land, buildings or parts of buildings are located.
Privileges and immunities
1. On the building in which the consular office is located, and on the seat of the head of the consular office, the 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.
3. When exercising the right referred to in paragraph 2 of this Article, account shall be taken of the laws, regulations and practices of the beneficiary State.
1. The consular rooms and the seat of the head of the consular post shall be untouchable. The authorities of the beneficiary State, as well as the head of the consular post, may not enter them without the permission of the head of the consular post or the head of the diplomatic mission or of a person appointed by one of them. Consular rooms shall not be used in a manner incompatible with the performance of consular functions.
2. The beneficiary State shall have a specific obligation to take all appropriate steps to protect the consular rooms from any intrusion or damage and to prevent any disturbance to the peace or dignity of the consular post.
The consulate archives are always and everywhere untouchable.
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, including diplomatic and consular couriers, and coded or encrypted messages. However, the consular baggage may only be used for the connection of the consular office with the Government, the diplomatic mission and another consular office of the sending State in the recipient State. However, the consular office may establish and use the radio station only with the consent of the recipient State.
2. Official correspondence of the consular office shall be inviolable.
3. The consular baggage shall bear a clear external marking of its nature and may contain only official correspondence and documents or articles intended exclusively for official use.
4. Consular luggage shall not be opened or detained. However, where the competent authorities of the beneficiary State have serious reasons to believe that the baggage contains something other than the items mentioned above, they may request that the baggage be opened by the responsible representative of the sending State in their presence. If such a request is rejected, the baggage shall be returned to the place of origin.
5. The consular courier shall be provided with an official document indicating its status and the number of consignments constituting consular baggage. It must only be a national of a sending State which has no permanent residence in the recipient State. In the performance of its functions, it shall enjoy the protection of the beneficiary State. The consular courier shall enjoy personal integrity and shall in no way be imprisoned or detained or otherwise restricted to personal freedom.
6. Consular baggage may be entrusted to the ship's captain or to a civil aircraft. 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. A member of the consular post may take over the said baggage freely and directly from the ship or aircraft captain and hand it over to him in the same way.
1. The Head of the consular post shall enjoy exemption from the criminal, civil and administrative jurisdiction of the recipient State. It enjoys personal integrity and will consequently not be subjected to any form of restriction of its freedom.
2. Consular officials, excluding the Head of the consular post and consular staff, shall not be subject to the criminal, civil and administrative jurisdiction of the recipient State in respect of acts carried out in the performance of their consular functions. They shall not be arrested, taken into custody or otherwise restricted to their freedom for acts other than the performance of their consular functions, except in the case of a serious offence to which, under the laws of the recipient State, the minimum prison sentence shall be fixed for at least five years and above, on the basis of a decision of the authority of the recipient State responsible in criminal matters.
Except in the above cases, they shall not be imprisoned or otherwise restricted to personal freedom unless the final judgment is enforced.
3. In the event of criminal proceedings against any member of the consular post, his arrest, arrest or any other restriction on his or her personal freedom, the competent authority of the recipient State shall immediately inform the Head of the consular post.
4. If criminal proceedings are initiated against a member of the consular post, they shall be conducted quickly and in a manner that would least impede the performance of his duties at the consular office.
5. However, paragraph 1 of this Article shall not apply to:
(a) a substantive action relating to private property in the territory of the recipient State, provided that the Head of the consular post does not hold it on behalf of the sending State and for the purposes of the consular office;
(b) an action concerning an inheritance where the head of the consular post acts as an executor, heir or referee on his own behalf and not on behalf of the sending State;
(c) an action relating to any private or commercial activity carried out by the Head of the consular post in the beneficiary State in addition to his official duties.
(6) Paragraphs 1 and 2 shall not apply to civil actions:
(a) resulting from a contract concluded by a member of the consular post and in which he has not acted expressly or manifestly as a representative of the sending State;
(b) third parties for damage caused by a car, boat or aircraft accident in the recipient State.
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 staff of the consular post may not refuse to give evidence except in the cases referred to in paragraph 3 of this Article.
2. The authorities of the beneficiary State requesting testimony from the members of the consular post shall act in such a way as not to interfere with and interfere with the performance of consular posts. Where possible, the testimony may be given in consular rooms or in the residence of a member of the consular post or may be given in writing.
3. Members of the consular post may refuse to give evidence as regards the performance of their 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.
1. The sending State may waive any privileges and immunities referred to in Articles 16 and 17 with members of the consular post.
2. The waiver of privileges and immunities shall in all cases, except in the case referred to in paragraph 3 of this Article, be explicit 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 would benefit from an exemption from jurisdiction pursuant to Article 16, he may not rely on an exemption from jurisdiction in respect of an action relating directly to the main action.
4. The waiver from jurisdiction in civil or administrative matters does not mean waiving the immunity as regards the execution of the judgment; in the event of such action, the immunity must be waived separately.
The receiving State shall exempt members of the consular post from all personal services, all public services of all kinds and military duties such as props, military contests and accommodation.
Members of the consular post shall be exempt from all obligations laid down by the laws and regulations 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, levies and charges in the receiving State:
(a) of the land, buildings and parts of buildings used for consular purposes or as the seat of the head 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 real estate referred to in paragraph 1 (a);
(c) the performance of consular functions, including the collection of consular fees.
2. The tax exemptions referred to in points (a) and (b) of paragraph 1 of this Article shall not apply to taxes, levies and charges to be paid under the law of the recipient State by persons entering into contractual relations with the sending State or by a person acting on its behalf.
3. 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. However, this exemption shall not apply to taxes, levies and charges which are included in the price of goods or services.
4. The exemption provided for in this Article shall not apply to fees and charges for services actually established.
1. Members of the consular post shall be exempt from taxes and benefits on their service income in the beneficiary State.
2. Members of the consular post shall be exempt from all national, regional and local taxes and charges in the recipient State.
3. The exemptions referred to in paragraph 2 shall not apply to:
(a) indirect taxes which are included in the price of goods or services;
(b) fees and taxes on private immovable property situated in the territory of the beneficiary State, unless it is exempted under Article 21;
(c) survivor's or inheritance's or transfer of property levied by the beneficiary State, with the exception of Article 2;
(d) taxes and charges on private income whose resources are in the beneficiary State;
(e) judicial, registration, mortgage, administrative and step charges, unless exemption is granted under Article 21;
(f) fees levied for services actually proven.
1. Moved property, left in the territory of the recipient State by a member of the consular post who dies, shall be exempt from taxes on the acquisition of property in the event of death, inheritance or transfer of property, provided that such property is situated in the territory of the recipient State exclusively in connection with the residence of the deceased as a member of the consular office.
2. The beneficiary State shall authorise the export of movable property referred to in paragraph 1 of this Article, with the exception of any such property acquired in the recipient State whose export is prohibited at the time of death of a member of the consular post.
1. The beneficiary State will, in accordance with the laws and regulations it adopts, authorise imports and grant exemptions from all customs duties, taxes and related charges, except for storage, transport and similar services:
(a) articles intended for the official use of the consular post;
(b) articles intended for the personal use of consular officials, including those intended for their initial establishment. Articles intended for consumption may not exceed the quantity required for direct consumption by the persons concerned.
2. The consular staff shall enjoy the privileges and exemptions referred to in paragraph 1 of this Article in respect of items imported at the time of their first taking up office.
3. Personal luggage accompanying consular officials shall be exempt from the inspection. They may be examined only if there are serious grounds for believing that they contain articles other than those referred to in point (b) of paragraph 1 of this Article, or objects the importation or export of which is prohibited by the laws and regulations of the recipient State or which are subject to its laws and regulations on quarantine. Such inspection shall be carried out in the presence of a consular officer or his family member.
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 rules on transport and insurance against damage caused to third parties when operating a vehicle, ship or aircraft. They are also obliged not to interfere in the internal affairs of that State.
Subject to the legislation of the recipient State on areas where access is prohibited or restricted for reasons of national security, members of the consular post may freely travel the territory of the recipient State.
Consular staff who are citizens of, or have their permanent residence in, the recipient State shall not enjoy privileges and immunities under this Convention with the exception of paragraph 3 of Article 17.
Family members of consular officials and consular staff living with them in the common household shall enjoy the privileges and immunities referred to in Articles 16 (3), (17) (3), (19), (20), (22) (2), (23), (24) and (26) of this Convention, unless they are citizens of the recipient State or resident in that State.
Consular functions
1. The consular officer shall be entitled to perform the functions within the consular perimeter of the function referred to in this Part. Other consular functions may be performed only if this is not contrary to the laws and regulations of the recipient State.
The consular officer shall be entitled to protect the rights and interests of the sending State and its citizens, both natural and legal persons.
2. The consular officer shall be entitled to contact the competent local authorities of the consular district in writing and orally in the performance of his duties and, to the extent permitted by the laws, regulations and practices of the recipient State, the competent central authorities of the recipient State.
3. The consular officer may, with the consent of the recipient State, also perform consular functions outside the consular district.
The Consulate Officer shall contribute to the development of economic, commercial, cultural, scientific and tourism contacts between the Parties and to the strengthening of their friendly relations.
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) in accordance with the laws and regulations of the sending State, to accept declarations concerning the family circumstances of the citizens of the sending State as well as 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 and legalise contracts negotiated between citizens of the sending State, unless such contracts constitute, transfer or revoke rights in rem in immovable property situated in the recipient State;
(g) to draw up and legalise contracts, irrespective of the citizenship of the parties, where such contracts concern property or rights situated in the sending State and where they have legal effects only in that State;
(h) to draw up, certify, certify, verify, verify and legalise the documents and other acts necessary for their validity, at the request of a citizen of the sending State in accordance with the laws and regulations of that State, unless this is contrary to the laws and regulations of the receiving State;
(i) to write or legalize and hide the wills of the citizens of the sending State;
(j) to translate documents and documents and to verify the accuracy of the translation and to verify the documents;
(k) issue certificates of origin.
2. Where the laws and regulations of the beneficiary State so require, the consular officer shall inform the competent authorities of that State of the operations carried out under (c) and (e) of this paragraph.
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 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 laws and regulations of the recipient State.
1. The consular officer shall be entitled, in accordance with the laws and regulations 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.
The consular officer shall be entitled to receive in custody, in cash, valuable items and movable property belonging to or intended for the citizens of the sending State. These items may be exported from the beneficiary State only in accordance with the laws and regulations of that State.
1. Once the authorities of the beneficiary State have become aware of cases where the citizen of the sending State needs to be appointed as guardian or guardian, they shall inform the competent consular authority.
2. Where necessary, the consular officer may propose to the court or other competent authority of the recipient State a guardian or guardian for a citizen of the sending State or for the purpose of protecting the property of that citizen, provided that the property is unprotected.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 18 / 1985 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Hellenic Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.1985 |
|---|---|
| Effective from | 03.08.1984 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0