Decree of the Ministry of Foreign Affairs No. 24 / 1960 Coll.
Declaration on the Consular Convention between the Czechoslovak Republic and the People's Republic of Hungary
Valid
Effective from 20.12.1959
24
DECLARATION
Minister for Foreign Affairs
of 15 February 1960
concerning the Consular Convention between the Czechoslovak Republic and the People's Republic of Hungary
The Consular Convention between the Czechoslovak Republic and the People's Republic of Hungary was signed in Prague on 27 March 1959.
The Convention was approved by the National Assembly on 8 July 1959 and ratified by the President of the Republic on 21 October 1959. The instruments of ratification were exchanged in Budapest on 20 November 1959.
Pursuant to Article 23 of the Convention, the Convention entered into force on 20 December 1959.
The Czech version of the Convention shall be published simultaneously.
David v. r.
CONSULAR CONVENTION
between the Czechoslovak Republic and the People's Republic of Hungary
President of the Czechoslovak Republic and
The President
led by the desire to further strengthen friendly relations between the two states and to deepen cooperation also in the field of consular relations
they have decided to conclude the Consular Convention and to this end have appointed their agents:
President of the Czech Republic
Dr. Antonín Gregor,
First Deputy Minister for Foreign Affairs
the Czechoslovak Republic,
The President
Jozsef Gábor,
extraordinary and authorised ambassador
the People's Republic of Hungary in Czechoslovakia,
Those who exchanged their powers of attorney and found them in good and proper form agreed as follows:
Establishment of consulates, broadcasting and reception of consulates
1. In accordance with this Convention, each Party shall have the right to establish consulates in the territory of the other Party.
2. The seat of the consuls and their consular perimeter shall always be determined by agreement of the Parties.
1. Consuls appointed by the sending State shall commence their activities after being granted exequatur by the receiving State upon submission of the consultative patent. The consultative patent shall state the consular circuit and the seat of the consul.
2. The authorities of the beneficiary State shall take all necessary measures to enable the Consumers to conduct their official activities without interruption and to enjoy all the rights, privileges and benefits conferred upon them by the law of the recipient State and this Convention.
1. The activities of the consul shall end with its revocation, withdrawal of exequatur or death.
2. In the event of the removal of the consul, the withdrawal of the exequatur or in the event of his death, temporary absence or other circumstances obstructing his activity, the exercise of the consul's powers shall be the responsibility of his representative. The competent authority of the beneficiary State must inform it in due time.
3. A representative of the Consul who is responsible for the temporary management of the Consulate shall enjoy the same rights, privileges and benefits which are granted under this Convention to the Consul.
The term "Consulate 'in this Convention refers to the Consulate General, the Consulate Consulate, the Vice-Consulate and the Consulate Directorate-General, the Consul General, the Consul, the Vice-Consul and the Consulate Manager.
II
Rights, privileges and privileges
Consuls and staff of the Consulate of the Parties shall not be subject to the powers of the recipient State in respect of their professional activities.
Consuls shall have the right to place on the consulate building a flag of the sending State and a sign indicating the consular office; they also have the right to post a flag on the consulate building, on their home and on the vehicles they use.
1. Consuls and consulate staff, as well as their spouses and minor children, if they are citizens of the sending State, shall be exempt from the personal services and direct taxes to which the citizens of the receiving State are subject.
2. The tax exemption shall not apply to income obtained in the beneficiary State or to immovable property situated within its territory.
3. Parcel, buildings and means of transport shall be exempt from military and other kind of services and duties only when they are used by the Consul or by consulate staff who are citizens of the sending State for official or personal use.
Real estate which is the property of the sending State and is used for the location of the consulate or as apartments for consuls and consulate workers shall not be subject to direct taxation.
1. Consuls and consulate workers who are citizens of the sending State shall be exempt on the basis of reciprocity from customs duties to the extent that the staff of the diplomatic representative of the Parties are exempted in similar functions.
2. Articles intended for the official use of the consulate shall not be subject to customs duties or other charges.
3. The provisions of paragraph 1 shall also apply to the spouses and minor children of the persons referred to therein.
1. Consuls and staff of the consulate shall be required to give evidence before the authorities of the recipient State in matters which do not concern their official activities.
2. If consulates and consulate staff are unable to attend, they shall give evidence in their apartment or official rooms of the consulate. This advantage is not for office and technical staff.
3. The summons of the consul shall not contain any threat in the event that they do not appear before the authority of the beneficiary State.
1. The official rooms of the consulate and the consular archives shall be untouchable. The official authorities of the beneficiary State may not enter these rooms and the apartment of the consul without the consent of the consul, nor apply enforcement measures in them.
They can't hide private documents in the consular archives.
2. Official correspondence of the consul, including messages sent by long-distance links, is inviolable and uncontrollable.
3. The consulate shall have the right to use encryption and diplomatic courier services in contact with the official authorities of the sending State. When using general means of connecting service, the consul shall be subject to the same rates as diplomatic representatives.
III
Consul powers
Consuls shall contribute by their activities to deepening political, economic and cultural relations between the two countries.
1. The consulates shall protect in the consular district the rights and interests of the sending State, its citizens and legal persons (hereinafter referred to as "citizens").
2. In exercising their powers, they may contact the consular authorities. They may object to infringements of the rights and interests of the sending State and its citizens.
1. Consuls shall have the right to represent the citizens of the sending State in order to implement the necessary measures before the courts and other official bodies of the receiving State without special authorisation whenever they are unable to protect their rights and interests in good time as a result of their absence or otherwise.
2. The consular representation shall end when the person represented by the Consul takes over the protection of his or her rights and interests, or when he / she appoints his / her agent.
1. Consuls shall have the right to keep a record of the citizens of the sending State, to issue passports and other personal documents and attestations, and to extend their validity, as well as to carry out other acts relating thereto.
2. Consuls may issue visas to enter or exit the sending State.
3. They shall also have the right, if they are empowered by the sending State, to carry out matrix entries on the birth and death of the citizens of the sending State or to certify their birth and death. The competent authority of the beneficiary State shall always inform the Consul of the entries of birth and death.
1. In accordance with the rule of law of the sending State, spouses may marry before and before the consulate's authorised staff, provided that they are both citizens of the sending State.
2. The consulate shall be entitled, where it is empowered by the law of the sending State, to register and delete the marriage in front of it in a register. It shall inform the competent authorities of the beneficiary State thereof.
1. Consuls shall be entitled to act in the consulates, in their own flat or in the apartment of the citizens of the sending State, as well as in ships or aircraft carrying the flag or sovereign designation of the sending State, unless the laws of the receiving State prevent such action:
(a) to write, verify and hide wills or acts of unilateral legal action of the citizens of the sending State;
(b) to draw up or verify declarations by citizens of the sending State;
(c) to write or verify acts of law between citizens of the sending State; However, they may not draw up or verify acts of law establishing or disposing of rights to buildings or other immovable property which are in the territory of the beneficiary State;
(d) 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 the execution of which is to take place in the territory of the sending State and where such acts do not conflict with the laws of the two Contracting Parties;
(e) verify the signatures of citizens of the sending State in all kinds of documents; legalise documents originating from authorities, official persons or citizens of the sending or receiving State and verify their copies, translations and extracts thereof;
(f) to receive money, valuable items and documents from, or intended for, citizens of the sending State; the relevant legislation of the beneficiary State remains unaffected;
(g) other acts for which they are empowered by the sending State.
2. The written, legalised and certified documents, copies, translations and extracts referred to in paragraph 1 shall have in the beneficiary State such validity and powers of proof as documents drawn up, translated, validated or legalised by the competent authorities and official persons of the beneficiary State.
1. The activities of the consul in survivor's matters shall be governed by the Treaty on Legal Assistance in Civil and Criminal Matters, concluded by the Contracting Parties on 6 March 1951 in Budapest.
2. The competent authority of the beneficiary State shall inform the Consul of any procedure for the hearing of the estate in which the citizen of the sending State is concerned so that the Consul may take the necessary measures to protect the rights and interests of the heirs. In such cases, all known information relating to the heirs, residence or residence of the citizen of the sending State concerned, the status and value of the estate, as well as data relating to any wills, shall be notified to the Consul.
The consultation may establish a guardian or guardian for the citizens of the sending State, provided that this is in accordance with the law of the sending State. In such cases, the consul shall have the right to exercise custody and custody.
1. The consultation may, in person or through its agent, provide universal assistance to ships flying the flag of the sending State when they enter the port of the consular district. It may enter into contact with the crew of the ship and passengers, examine the ship's documents, draw up a cargo report, the purpose of the voyage and special events. The consulate supports the master of the ship while maintaining order on the ship. In this regard, the competent authorities of the beneficiary State shall, upon request, provide support and assistance to the Consul or the master of the ship.
2. Where the competent authorities of the beneficiary State intend to take enforcement action on commercial ships of the sending State, it is necessary that they inform the consul in advance. The consul may be present during these measures. This shall not apply to customs, passport and health inspections of ships, crew and passengers.
3. In the event of an accident or damage to a ship of a sending State, the Consul shall have the right to take action to support the crew of the ship or passengers, to secure the location of the cargo and repair of the ship, or to contact the competent authorities of the receiving State for assistance with this request.
4. In the event of an accident or damage to a ship of a sending State, the authorities of the receiving State shall report this to the Consul without delay and shall inform him of the measures taken to save the people, the ship and its cargo. The authorities of the beneficiary State shall provide the consul with the necessary assistance in implementing measures in the event of an accident or damage to the ship of the sending State.
5. This Article shall not affect the provisions of other agreements on mutual assistance in the event of an accident or damage to a ship.
The provisions of Article 20 of this Convention shall also apply mutatis mutandis to aircraft.
IV
Final provisions
The provisions of this Convention on the powers and duties of the Consumers shall apply mutatis mutandis to the staff of the diplomatic representations entrusted with the pursuit of consular activities. This provision shall be without prejudice to the rights, privileges and advantages of members of the diplomatic representative.
1. This Convention shall be subject to ratification. The replacement of the instruments of ratification will be carried out in Budapest.
2. The Convention shall enter into force on the 30th day following the replacement of the instruments of ratification.
This Convention shall remain in force for five years. In the event that, one year before its expiry, no Contracting Party notifies the other Contracting Party of its intention to repeal the Convention, that Contracting Party shall remain in force for a period of one year from the date on which one Contracting Party notifies that it has notified the Convention.
This Convention was drawn up in Prague on 27 March 1959 in two original copies, each in the Czech and Hungarian languages. The two texts shall be equally authentic.
For
President of the Czech Republic
Ant. Gregor v. r.
For
The President
József Gábor v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 24 / 1960 Coll., on the Consular Convention between the Czechoslovak Republic and the People's Republic of Hungary |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1960 |
|---|---|
| Effective from | 20.12.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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