Decree No. 188 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Mongolia
Valid
Effective from 10.04.1964
188
DECLARATION
Minister for Foreign Affairs
of 13 September 1964
concerning the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Mongolia
The Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Mongolia was signed in Prague on 8 November 1963. The Convention was approved by the National Assembly on 26 February 1964 and ratified by the President of the Republic on 16 March 1964.
The instruments of ratification were exchanged in Ulanbatar on 10 April 1964.
Pursuant to its Article 26, the Convention entered into force on 10 April 1964.
The Czech version of the Convention shall be published simultaneously.
First Deputy Minister:
Dr Gregor v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Mongolian People's Republic
The President of the Czechoslovak Socialist Republic and the Presidium of the Great People's Hural of the Mongol People's Republic, led by an effort to further extend friendly relations and versatile cooperation in accordance with the wishes and interests of the people of both countries, have decided to conclude this Consular Convention. To that end, they appointed their agents:
President of the Czechoslovak Socialist Republic
Václav David,
Minister for Foreign Affairs
The President
Shadavina Cagandorje,
the extraordinary and authorised Ambassador of the People's Republic of Mongolia in the Czechoslovak Socialist Republic,
Those who exchanged power of attorney, whom they found in the proper order and in the prescribed form, have agreed as follows:
I. Explanation of terms
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) "Head of the consular post" shall mean the person authorised by the sending State to perform the duties associated with this function;
(c) "consular officer" means any person, including the head of the consular post, responsible for carrying out consular functions;
(d) "consular staff" means any person employed in the administrative or technical services of the consular office;
(e) "member of staff" means any person employed in the domestic service of the consular office;
(f) "members of the consular post" shall mean consular officials, consular staff and staff members;
(g) "members of consular staff" shall mean consular officials other than the head of the consular post, consular staff and staff.
II. Establishment of consular offices, broadcasting and reception of consular heads
1. Each Contracting Party may establish consular offices in the territory of the other Contracting Party and send consular heads and members of consular staff.
2. The seats of the consular offices and consular districts shall be determined by agreement of the Contracting Parties.
1. The head of the consular post may commence the performance of consular functions upon presentation of the consultative patent and the granting of exequatur by the recipient State. The consultative patent shall state the name and surname of the head of the consular post, its category and class, as well as the consular district and seat of the consular post.
2. The receiving State may grant the Head of the consular post an authorisation for the provisional performance of consular functions prior to the granting of exequatur.
3. As soon as the head of the consular post receives the exequatur or authorisation referred to in paragraph 2 of this Article, the competent authorities of the recipient State shall take the necessary measures to enable it to exercise its consular functions and to enjoy the benefits, privileges and immunities of the recipient State.
Consulate officials must be citizens of the sending state.
1. In the event of a temporary absence or other obstacle to the Head of the consular post to perform his duties as well as on his or her removal or death, the sending State may entrust a member of the diplomatic staff to a diplomatic mission of its country or consular officer of the same or other consular post for the temporary performance of the duties of Head of consular post. The name and original functions of the person so authorised shall be notified in advance to the Ministry of Foreign Affairs of the beneficiary State.
2. The person entrusted, within the meaning of paragraph 1 of this Article, with the temporary performance of the post of Head of the consular post shall enjoy all the privileges, privileges and immunities reserved by this Convention to the Head of the consular post.
III. Advantages, privileges and immunities
The competent authorities of the beneficiary State shall make the consular post fully easier to carry out its duties and shall provide it with the necessary assistance in its official activities.
1. Consultant officials shall not be subject to the jurisdiction of the courts or other authorities of the recipient State except that the sending State has given its consent. This jurisdiction shall not apply to other members of the consular post in respect of matters relating to their official activities.
2. The provisions of paragraph 1 of this Article shall apply mutatis mutandis to spouses and minor children of the persons referred to therein, if they are living in a common household with those persons.
1. In civil, family, criminal and administrative matters which do not concern their activities, members of the consular office shall be required to give evidence.
2. Consultative officials may request that they be heard in the official rooms of the consulate or in their flat, or may send a written statement.
3. The summons by which the persons referred to in paragraph 2 of this Article are called upon to give evidence shall take the form of an official letter and shall not contain any threat by law enforcement.
1. The consulate rooms are untouchable. The authorities of the beneficiary State may enter them only with the permission of the Head of the consular post.
2. The consulate archives are always and everywhere untouchable. Private documents cannot be stored in archives.
3. The official correspondence of the consular office shall be inviolable and shall not be subject to control.
4. The consulate may use diplomatic courier services and encryption.
The building of the consular office and its entrance, the residence of the head of the consular post and its means of transport, if used for service purposes, may display a national flag and a national emblem of the sending State, and a sign bearing the name of the consular office on the building.
Members of the consular post and their living spouses and minors shall not be subject to the rules of the recipient State on residence, registration and reporting of aliens. They are also exempt from all personal services, public services of all kinds, and military duties such as props, military services and accommodation. This provision shall not apply to citizens of the beneficiary State.
Consulate officials, as well as common household members of spouses and minor children, shall enjoy in the territory of the beneficiary State exemption from all direct taxes and levies, duties and other similar charges, as well as from a customs inspection to the same extent as members of diplomatic staff of the diplomatic mission of the sending State. Consulate staff and members of staff and with them in the common household living spouses and minors, unless they are citizens of the beneficiary State, shall be exempt to the same extent as members of administrative and technical staff and members of staff of the mission of the sending State.
1. The immovable property of the sending State for the location of the consular post or for the accommodation of the members of the consular post shall be exempt from taxes and levies as well as in kind.
2. Articles imported for the purpose of the consular post shall be exempt from customs duties and other similar charges and shall not be subject to import authorisation.
IV. Consular functions
1. The Head of the consular office, as well as members of consular staff, shall assist the development of political, commercial, economic, cultural and scientific contacts between the two countries in a spirit of friendship and cooperation between them.
2. The consulate may, in its official capacity, contact the competent authorities in its consular district and ask for their assistance.
1. The Head of the consular office shall have the right to defend in his consular district the rights and interests of the sending State, its citizens and legal persons.
2. The Head of the consular post may represent citizens and legal persons of the sending State without special authority, without having special authority, if they are unable to defend their rights and interests in a timely manner for absence or for any other serious reason and have not appointed their agents.
1. The Head of the consular office shall have the right to keep a record of the citizens of the sending State permanently or temporarily in its consular district. The provisions of the Contracting Parties on registration of foreigners shall remain unaffected.
2. The Head of the consular post may issue passports and other travel documents to citizens of the sending State. It may issue visas to enter, transit or exit the sending State.
1. In front of the head of the consular post, marriage may be concluded under the legislation of the sending State if both spouses are citizens of the sending State. If only one of the spouses is a citizen of the sending State, the head of the consular post may marry only with the consent of the competent authority of the receiving State.
2. The Head of the consular post may keep records of the birth and death of citizens of the sending State and issue appropriate documents. However, those provisions shall not invalidate the obligation of interested parties to comply with the relevant legislation of the beneficiary State.
1. If a citizen of one Contracting Party dies in the territory of the other Contracting Party, the diplomatic mission or consular post of the State of which he is a deceased shall immediately be notified of his death.
2. The competent authorities of the Contracting Party in whose territory the inheritance is situated after the citizen of the other Contracting Party shall, in accordance with their respective legislation, take the necessary measures to ensure and protect the heritage.
The Head of the consular post may, at the request of the authority of the sending State, question the citizens of that State as parties, witnesses or experts and deliver to the citizens of the sending State official documents in the manner prescribed by the law of that State. Enforcement measures shall not be used in the performance of this activity.
1. The head of the consular post shall have the right in the consular rooms, in his or her own apartment or in the apartment of the citizens of the sending State, as well as in the aircraft carrying the flag of the sending State or its sovereign designation:
(a) to write, verify and hide wills and acts of unilateral legal action of the citizens of the sending State;
(b) to draw up and verify declarations by citizens of the sending State;
(c) to draw up and verify acts of law between the citizens of the sending State or between the citizens of the sending State and the citizens of the receiving State, provided that such acts relate exclusively to interests in the territory of the sending State, and that the content of such instruments does not conflict with the legislation of one of the Contracting Parties;
(d) to verify the signatures of the citizens of the sending State in all forms, to verify copies, translations and extracts of documents originating from the authorities, official persons or private persons of the sending State or the recipient State; verify the signatures and stamps of the authorities and of the official persons of the sending or receiving State on sheets of all kinds;
(e) to receive for safekeeping money and valuable items of citizens of the sending State, unless this is contrary to the legislation of the recipient State;
(f) to carry out other acts for which it is empowered by the sending State, provided that such acts do not infringe the legislation of the receiving State.
2. The documents, drawn up or authenticated in accordance with paragraph 1 of this Article in the form prescribed by the law of the sending State, shall have the same validity in the recipient State and the power of proof as those drawn up or certified by the authorities of that State.
The Head of the consular post shall have the right, by authorisation given by the sending State, to appoint a guardian or guardian to the citizens of the sending State. In such cases, the Head of the consular post shall supervise custody and custody.
1. The Head of the consular post may provide assistance to aircraft of the sending State, their crew members and passengers on aircraft.
2. In the event of an accident or of an aircraft of a sending State, the head of the consular post may take or require measures to provide assistance to and rescue crew members and passengers, as well as measures to secure the aircraft and its cargo.
The Head of the consular post may charge fees under the legislation of the sending State for official acts.
The Head of the consular post may entrust the other consular officials and, where appropriate, the consular staff of his consular post with the performance of the individual consular functions referred to in this Chapter.
V. Final provisions
The provisions of this Convention on the rights and obligations of heads of consular posts and of other consular officials shall be applied mutatis mutandis to members of diplomatic staff of the diplomatic mission of the sending State in charge of consular functions. This shall be without prejudice to the diplomatic privileges and immunities of such persons.
This Convention shall be ratified and enter into force on the date of the exchange of instruments of ratification to be implemented in Ulanbatar.
This Convention shall be negotiated for a period of five years. After the expiry of that period, it shall be renewed for a further period of five years, unless one of the Contracting Parties denies it in writing at least six months before the expiry of the current five-year period.
Written in Prague on 8 November 1963 in two copies, each in the Czech, Mongolian and Russian languages, the Russian version will be decisive in case of different interpretation.
From the power of attorney
President of the Czechoslovak Socialist Republic
Václav David v. r.
From the power of attorney
Presidium of the Great People's Hural
Republic of Mongolia
Šadavyn Cagandorž v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 188 / 1964 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Mongolia |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.10.1964 |
|---|---|
| Effective from | 10.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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