Decree No. 189 / 2017 Coll.
Decree on the establishment of diplomatic and consular degrees, conditions and procedures for granting and lending them
Valid
Effective from 01.07.2017
189
DECLARATION
of 27 June 2017
establishing diplomatic and consular degrees, conditions and procedures for granting and lending them
The Ministry of Foreign Affairs ("the Ministry ') provides, pursuant to § 15 paragraph 7 of Act No. 150 / 2017 Coll., on Foreign Service and on the amendment of certain acts (Act on Foreign Service):
Diplomatic and consular rank
(1) For civil servants and staff engaged in a foreign service (hereinafter referred to as "staff ') assigned to a post or appointed to a post in the Ministry with a branch of the State Service" Foreign Relations and Service1' (hereinafter referred to as "the specified field of service '), in accordance with international practice for the performance of foreign service, they shall be used in rank from the lowest to the highest diplomatic rank,
(a) attaché;
(b) the III. Secretary,
(c) the II. Secretary,
(d) the First Secretary,
(e) the Embassy Council,
(f) a radar envoy,
(g) the Ambassador.
(2) For staff in a specified field of service in consular offices, in accordance with the international contract (2), the following are used in order from the lowest to the highest consular rank:
(a) consular director for the rank of attaché;
(b) the Vice-Consul for the rank of the II. and II. Secretary,
(c) a consul for the rank of First Secretary and Embassy Council,
(d) Consul General for the ranks of the Council- Ambassador and Ambassador.
Conditions for the award of diplomatic posts
For the recognition of diplomatic rank, a diplomatic staff member shall complete a basic diplomatic training programme or an individual diplomatic training programme of the Ministry.
(1) Duration of foreign service and number of secondment abroad at a diplomatic post or foreign service at a post represented for the recognition of diplomatic rank
(a) attaché is not required in the Ministry after taking up the State Service in the field of "Foreign Relations and Services";
(b) the III. Secretary shall be at least 1 year from the award of the diplomatic rank of attaché;
(c) the II. secretary shall be at least 2 years from the date of the award of the diplomatic rank of the II. secretary, and 1 secondment to serve abroad, completed in due length;
(d) the Secretary-General shall be at least two years from the date of award of the diplomatic rank of the Secretary-General and one secondment to serve abroad, completed in due length;
(e) the Embassy Council shall be at least 7 years from the date of the award of the diplomatic rank of First Secretary and 2 secondment to serve abroad, completed in due length or the performance of foreign service at a post at headquarters at least at the second stage of the proceedings for 2 years;
(f) the adviser shall be at least five years from the date of the award of the diplomatic rank of the Embassy Council, and three missions to serve abroad completed in due length or the performance of foreign service at the post at headquarters at least at the second stage of the proceedings for a period of four years;
(g) the Ambassador shall be at least five years from the date of the award of the diplomatic rank of the Consulate, and three missions to serve abroad completed in due length, of which one shall be seconded in the capacity of an extraordinary and authorised ambassador, or the performance of foreign service at a post at headquarters at least at the second stage of the proceedings for six years.
(2) The proper duration of the service abroad at the representative office is laid down in the Ministry's official regulations according to the category of representative offices determined following the difficulty of living in the recipient State.
(3) For a period of 1 secondment to serve abroad, completed in full duration, the following shall also be considered:
(a) carrying out activities similar to those provided for in Article 5 of the Civil Service Act in an international governmental organisation or in the bodies and bodies of the European Union or in the bodies of another State for at least four years; the duration of at least 8 years of such activities shall be deemed to be 2 years of secondment to work abroad completed in due time and at least 12 years of such activities shall be considered to be 3 years of secondment to work abroad in due time;
(b) inclusion in posts abroad with an agenda similar to that of a civil servant in organisations whose establishment is the Ministry for at least four years; the duration of at least 8 years of such activities shall be deemed to be 2 years of secondment to work abroad completed in due time and at least 12 years of such activities shall be considered to be 3 years of secondment to work abroad in due time;
(c) following the spouse or registered partner of a civil servant posted abroad for at least four years; the total duration of the spouse's or registered partner's follow-up shall be deemed to be one secondment abroad completed in full.
(4) Until the performance of foreign service, the period shall also begin:
(a) inclusion outside the service on grounds of maternity or parental leave;
(b) temporary incapacity for work or quarantine regulations;
(c) classification outside the service pursuant to Section 62 of the Civil Service Act;
(d) participation in a programme of basic diplomatic training in an institution of another State;
(e) inclusion in posts with an agenda similar to that of a civil servant in organisations whose establishment is the Ministry.
(5) In exceptional cases, due to the long-term performance of specific activities in the Ministry, only the duration of the Ministry's experience shall be recognised, for the purposes of the conditions referred to in paragraph 1, without requiring a posting for the performance of a service abroad completed in due time.
(6) In exceptional cases, for the purpose of fulfilling the conditions laid down in paragraph 1, a period of less than that laid down in paragraph 3 (a) shall be recognised for the purpose of one secondment to the service abroad of a proper duration.
Procedure for granting or lending diplomatic and consular degrees
(1) Diplomatic qualifications shall be awarded to staff members in the specified field of service upon fulfilment of the conditions laid down in Sections 2 and 3.
(2) Diplomatic qualifications are granted on a proposal from a staff member.
(1) Diplomatic or consular rank shall be granted to staff members on secondment to work abroad. In that case, the diplomatic or consular status granted shall be indicated in the decision on secondment to work abroad.
(2) At the same time, on the day on which the Minister entrusts the staff member to the duties of the Consul General, the latter shall be granted the consular status of the Consul General.
(3) The date on which the President of the Republic entrusts the staff member with the functions of an extraordinary and authorised ambassador, the latter shall at the same time be given diplomatic status as the Ambassador.
(4) The appointment of a staff member to the post of representative shall be granted for the duration of the post of representative.
(a) to the deputy director for the management of the section and his representatives the diplomatic rank of Ambassador;
(b) to the Director of the Department, the diplomatic rank of the Admiralty;
(c) Deputy Director of the Division, diplomatic rank of the Embassy Council;
(d) to the Head of Unit, diplomatic rank I. Secretary,
when dealing with a diplomatic worker; for the purpose of lending diplomatic degrees, the Deputy Member of the Government shall be deemed to be presented under (a) and the Director of the Cabinet of Ministers shall be deemed to be represented under (b).
(5) At the same time, the diplomatic rank of the Ambassador shall be conferred on the diplomatic post of the special agent.
(6) Diplomatic qualifications shall not be conferred on staff members if they have been previously awarded such qualifications.
(1) Diplomatic or consular degrees awarded before the date of entry into force of this Order remain valid. The diplomatic rank of the Council under the existing legislation shall be deemed to be the diplomatic rank of the Embassy Council under this decree.
(2) The term of employment in the Ministry, including the period of secondment to work abroad before the date of entry into force of the Civil Service Act, shall also be taken into account for fulfilling the conditions of the foreign service period provided for in Article 3.
(3) Diplomatic and consular rank granted under Decree No. 274 / 2015 Coll., on determining diplomatic and consular rank and procedure for granting and lending them, before the date of entry into force of this Order, is valid for the period for which they were granted.
(4) If the staff member has received diplomatic training before the date of entry into force of this Decree, the condition laid down in Paragraph 2 shall be deemed to be fulfilled.
This Regulation shall enter into force on 1 July 2017.
Minister:
PhDr. Zaoralek v. r.
1) Point 9 of Annex 1 to Government Decree No. 106 / 2015 Coll., on Civil Service disciplines.
2) Vienna Convention on Consular Relations, negotiated in Vienna on 24 April 1963, published under No 32 / 1969 Coll.
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Regulation Information
| Citation | Decree No. 189 / 2017 Coll., on the establishment of diplomatic and consular degrees, conditions and procedures for granting and lending them |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2017 |
|---|---|
| Effective from | 01.07.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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