Decree No. 24 / 1958 Coll.
Declaration on the Consular Treaty between the Czechoslovak Republic and the German Democratic Republic
Valid
Effective from 18.02.1958
24
Decree of the Minister for Foreign Affairs
of 12 March 1958
on the Consular Treaty between the Czechoslovak Republic and the German Democratic Republic.
The Consular Treaty between the Czechoslovak Republic and the German Democratic Republic was negotiated in Berlin on 24 May 1957.
The National Assembly gave its consent to the Consular Treaty on 31 October 1957 and was ratified by the President of the Republic on 7 February 1958. The instruments of ratification were exchanged in Prague on 18 February 1958.
Pursuant to Article 24 of the Consular Treaty, the Treaty entered into force on 18 February 1958.
The Czech version of the Consular Treaty is published in the Annex to the Collection of Laws. *)
David v. r.
CONSULTING TREATY
between the Czechoslovak Republic and the German Democratic Republic
The President of the Czechoslovak Republic and the President of the German Democratic Republic, wishing to deepen relations between the two states also in the area of consular relations, have decided to conclude this Treaty. To this end, they appointed their agents:
President of the Czech Republic
Minister for Foreign Affairs Václav David,
President of the German Democratic Republic
Deputy Chairman of the Ministerial Council and Minister for Foreign Affairs Dr. Lothar Bolz,
who, having exchanged their powers of attorney and found them in good and proper form, agreed as follows:
I. Transmission of consuls
The Contracting Parties undertake to allow each other to establish, on their national territory, general consulates, consulates, vice consulates and consulates (hereinafter referred to as consulates) and to broadcast general consuls, consuls, vice consuls and consuls (hereinafter referred to as consuls). Before appointing the consuls, the sending State shall request the consent of the sending State to their person and their consular perimeter.
(1) The consuls shall take up their activities after the appointment of the sending State and after the granting of exequatur by the receiving State. The Consular patent must show their consular perimeter.
(2) The authorities of the beneficiary State will provide all necessary assistance to the consulates and their consulate colleagues in their activities.
(1) The activities of the consuls end with their withdrawal, withdrawal of exequatur or death.
(2) In the event of death, revocation, temporary absence or any other obstacle preventing the consul from operating, the consul's official authorization may be exercised by his representative, provided that his official characteristic has previously been notified to the competent authority of the beneficiary State. The representative who has been entrusted with the temporary management of the consulate shall enjoy all the rights, privileges and advantages conferred on the consulate by this Treaty.
The seat of the consulates, the number of their staff and the consular circuits shall be determined by agreement of the Contracting Parties.
II. Rights, privileges and benefits of consuls
(1) The beneficiary State shall guarantee the consuls and their consulate colleagues the uninterrupted performance of their duties.
(2) The official rooms of the consulates are inviolable. No enforcement measures shall be implemented by the authorities of the beneficiary State in the official rooms and in the consuls' apartments without consent.
(3) In any case, the consular archives are inviolable. Private documents may not be kept in the consular archives.
(4) Official correspondence shall be inviolable and shall not be subject to any censorship. The same applies to telegrams, telephone calls and telex.
(5) In written contact with the authorities of the sending State, the consuls have the right to encrypt and may use diplomatic couriers.
The consuls shall be allowed to affix an official building to the emblem of the sending State and a sign indicating their office. On the official building and on their residential house, they may raise the flag of the sending state and attach it to the service vehicles.
Consuls and their consular co-workers shall not be subject to the jurisdiction of the beneficiary State in respect of their professional activities.
Consuls and their consular co-workers shall be required to give testimony to the authorities of the beneficiary State on all matters not covered by their duties. If they are unable to attend, they will be heard in their apartment or give their statement in writing.
(1) On the basis of reciprocity, the consuls and all the co-workers who are citizens of the sending State are exempt from all the services of persons and persons, arising from administrative provisions and direct taxes.
(2) Land and buildings are exempt from any service in kind resulting from administrative provisions, on the basis of reciprocity, only if they are used by consular and consular co-workers as official or residential rooms.
(3) Consular and consular cooperation is granted on importation of articles of personal and professional need for duty-free treatment up to the agreed annual limit.
The provisions of Articles 5 to 9 shall apply mutatis mutandis to consuls' wives and their minor children living with them in the common household.
III. Official authorisation of consuls
(1) The Consuls shall, in accordance with international law and international practice, defend the rights and interests of the sending State and its citizens and legal persons.
(2) Consuls may, in the exercise of their official powers, contact the State authorities in their consulate district; they may oppose violations of the rights and interests of the sending State, its citizens and legal persons.
Consuls shall have the right to register citizens of the sending State who are permanently or temporarily present in their consular district. The provisions of the Contracting Parties on reporting obligations shall remain unaffected.
(1) The consuls have the right to issue passports to citizens of the sending State.
(2) The consuls grant citizens of the sending State, foreign nationals and stateless persons the visa needed to enter or leave the sending State.
Consuls shall accept applications for citizenship of the sending State.
Consuls shall have the right to carry out the following acts on the consulates, in their apartments, in the homes of the citizens of the sending State, as well as on ships flying its flag or aircraft bearing its sovereign designation:
1. to draw up or verify declarations by citizens of the sending State;
2. to write, verify and hide wills or unilateral statements from citizens of the sending State, and to accept in the custody of their documents;
3. to write or verify acts of law between citizens of the sending State, unless such acts are contrary to the laws of the receiving State. The Consul shall not draw up or verify acts of law concerning the establishment or disposal of rights in buildings and land situated in the territory of the beneficiary State;
4. to draw up or verify acts of law between the citizens of the sending State and the citizens of the receiving State where such acts relate exclusively to interests in the territory of the sending State or to matters to be carried out in that State and where such acts do not conflict with the laws of the sending State and the receiving State;
5. verify the signatures of the citizens of the sending State in all kinds of documents; legalise documents originating from the authorities or official persons of the sending State or beneficiary State as well as from private persons, and verify copies thereof;
6. verify the translation of documents originating from the authorities or official persons of the sending State or beneficiary State as well as from private persons;
7. Receiving money and valuable items from citizens of the sending State for safekeeping; the relevant legislation of the beneficiary State remains unaffected;
8. Other acts entrusted to them by the sending State, unless they are contrary to the laws of the receiving State.
Consuls may appoint guardians and guardians for the citizens of the sending State and supervise them in such cases. If the consuls learn that the property of a citizen of the sending State is out of control, they may appoint a guardian for him.
The provisions of the Treaty between the Czechoslovak Republic and the German Democratic Republic on legal relations in civil, family and criminal matters of 11 September 1956 shall apply to the activities of the consuls in the matters of succession of citizens of the sending State.
(1) In the case of consuls and authorised consular co-workers, it may be concluded under the law of the sending State of the marriage if the two fiancé are citizens of the sending State.
(2) The consul shall inform the competent authority of the beneficiary State of the conclusion of the marriage.
(1) Consuls have the right to certify according to the rules of the sending State the birth and death of citizens of the sending State.
(2) The competent authority of the beneficiary State shall inform the consul of the birth and death.
(1) Consuls are entitled to provide any possible assistance to ships of the sending State. They may, in particular, enter in contact with crew and passengers, review the ship's charter and draw up cargo and destination reports or special events.
(2) If the authorities of the beneficiary State intend to take enforcement action on commercial ships of the sending State, the consul must be informed in advance. It may be present when implementing such measures. This does not apply to customs, passport and health checks on ships, crew or passengers.
(3) In the event of disasters or accidents of ships of the sending State, the Consul shall be entitled to take measures to provide assistance to or seek to provide assistance to affected crew members and passengers of the ship, to ensure the cost and repair of the ship.
(4) The provisions of other agreements on the provision of assistance in ships' disasters or accidents shall remain unaffected by this Article.
(1) Consuls are entitled to provide any possible assistance to aircraft of the sending State. In particular, in the event of an emergency landing, they may support crew members and passengers in contact with the competent authorities and take appropriate measures to continue the journey.
(2) In the event of disasters or accidents in an aircraft of a sending State, the Consul shall be entitled to take measures to provide assistance to, or demand for, affected crew members and passengers of an aircraft, to secure and repair the aircraft.
(3) The provisions of other air disaster or accident assistance agreements shall remain unaffected by this Article.
IV. Final provisions
The provisions of this Treaty on official consuls shall apply mutatis mutandis to staff of diplomatic missions entrusted with the conduct of consular activities. Direct contact with the authorities of the beneficiary State shall be regulated by mutual agreement of the Ministries of Foreign Affairs of the Contracting Parties.
This contract shall be concluded for a period of five years. The contract shall remain in force for a further period of five years if one of the Contracting Parties does not present its wish to terminate the contract six months before the expiry of that period.
This Treaty requires ratification. It will take effect on the date of the exchange of the instruments of ratification, which will be carried out in Prague.
Done at Berlin on 24 May 1957, in two originals, always in Czech and German language, both of which are equally valid.
For the President
Czech Republic
V. David v. r.
For the President
German Democratic Republic
Dr Lothar Bolz v. r.
On page 31.
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Regulation Information
| Citation | Decree No. 24 / 1958 Coll., on the Consular Treaty between the Czechoslovak Republic and the German Democratic Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.1958 |
|---|---|
| Effective from | 18.02.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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