Decree of the Minister for Foreign Affairs No. 28 / 1971 Coll.
Decree of the Minister for Foreign Affairs on the Arrangement between the Czechoslovak Socialist Republic and Spain on the reciprocal establishment of consular and commercial prosecutors
Valid
Effective from 16.11.1970
28
DECLARATION
Minister for Foreign Affairs
of 11 January 1971
on the Arrangement between the Czechoslovak Socialist Republic and Spain on the reciprocal establishment of consular and commercial representatives
In exchange for a note between the ambassadors of the Czechoslovak Socialist Republic and Spain, held in Paris on 16 November 1970, the Agreement between the Czechoslovak Socialist Republic and Spain on the reciprocal establishment of consular and commercial representative offices, which entered into force on the same day.
English translation The arrangement shall be announced simultaneously.
First Deputy Minister:
Ing. Kurka v. r.
Dear Ambassador,
By letter No 476 of 16 November 1970, Your Excellency informed me of the following:
"With a reference to the meetings held in Paris on 22 and 23 July 1970 between the delegations of the Spanish and Czechoslovak MZV and according to the instructions of my government, I have the honour to propose the establishment of a consular and commercial representative of Spain in Prague and a consular and commercial representative of the CSSR in Madrid.
The functions, legal status, privileges and immunity of these representatives are set out in the Annex to this Note.
If the CSSR Government agrees with this proposal, I propose that this Note and its reply be the Arrangement, which will enter into force on the day of your Excellency's reply.
This Arrangement shall be in force for an undetermined period unless one of the Parties denies them in writing to the other Party six months in advance. '
I confirm to your Excellency the receipt of the Note and I have the honour to inform your Excellency that my government agrees with the proposed Arrangement, which will enter into force on today's day.
Politeness.
Ambassador to CSSR:
Dr. Scheduled v. r.
ANNEX
1) The consulate and trade representative established under this Arrangement will be called: "The consulate and trade representative of the Czechoslovak Socialist Republic in Spain" and "The consulate and trade representative of Spain in the Czechoslovak Socialist Republic."
2) The Head of these Councils will have an official title: "Head of the Consular and Commercial Councils."
3) The headquarters of the consular and commercial representative of the Czechoslovak Socialist Republic will be in Madrid and the seat of the consular and commercial representative of Spain will be in Prague.
For the purposes of this Article: The Annexes shall have the following meanings:
(a) the "Head of the consular and commercial representative" (hereinafter referred to as the "representative") shall be the person authorised by the sending State to act in that capacity;
(b) "officials of the representative" shall mean members of staff of the representative, including the head of the representative, who perform the functions referred to in the Articles of this Annex;
(c) "members of the administrative and technical staff of the representative" shall mean persons employed in the technical and administrative services of the representative;
(d) "members of staff of the representative" shall mean persons employed in the domestic services of the representative;
(e) "private servants" means any person employed in the domestic service of a member of the representative's office who is not an employee of an accredited State;
(f) "member of the staff of the representative" means any person referred to in paragraphs (b), (c), (d) of this Article;
(g) "representative rooms" means buildings or parts of buildings, including the residence of the head of the representative, and land belonging thereto, which are used for the purposes of the representative, irrespective of who the owner is;
(h) "representative archives" shall include all documents, documents, correspondence, books, films, records and records of the representative, together with codes, cartons and furniture intended for their protection and storage.
1) The following functions have the following functions:
(a) in the field of consular relations - the representative will perform consular functions to the extent provided for by international law and international practice, provided that the provisions of the laws and regulations of the recipient State are complied with;
(b) in the field of economic and commercial representation, promote and develop economic contacts between the two States and facilitate the implementation of trade and payment agreements as well as any other agreements in force on economic, industrial and scientific technical cooperation;
(c) in the field of cultural relations - representation will facilitate cultural and scientific contacts and exchanges between the relevant institutions of the two States;
d) in the area of travel - representatives will support the development of tourism between the Czechoslovak Socialist Republic and Spain.
2) By mutual agreement, the representative may also perform other functions.
1) The sending State must seek the consent of the receiving State in advance as regards the person it intends to appoint as Head of Delegation.
2) The officials of the representative must be citizens of the sending State and must not be resident in the recipient State.
3) The personal data and rank of representatives and members of administrative and technical staff, the staff of the representative and the private servants shall in any event be notified to the Ministry of Foreign Affairs of the beneficiary State at all times before taking up their duties.
4) The beneficiary State shall issue to the officials of the representative, members of administrative and technical staff and staff of the representative and of the private servants, as well as members of their families, specific documents indicating their status.
1) The accepting State shall facilitate, in accordance with its laws and regulations, the acquisition or rental of rooms necessary for its office, or facilitate the acquisition of objects for its location by other means. It will also help the representative in obtaining suitable accommodation for all its members if necessary.
2) The Sending State shall be exempt from all national, regional or local taxes and charges in respect of rooms and cars owned or chartered by it and intended for the use of the representative or accommodation of all personnel, with the exception of fees levied for the provision of special services.
3) The Sending State shall be exempt from all taxes and similar charges on the acquisition or rental of rooms within the meaning of paragraph 2 of this Article.
1) The offices of the representative and the residence of the manager and the apartments of officials shall be inviolable. The authorities of the beneficiary State may not enter them, but with the agreement of the Head of Delegation.
2) The beneficiary State shall be obliged to take all appropriate measures to ensure that the offices of the representative are protected against forced entry or damage and that the peace of the representative is prevented.
3) The offices of the representative, their facilities and other objects located therein, as well as the means of transport of the representative, may not be subject to inspection, props, seizure or execution.
The archives and documents of the prosecutor's office are always and everywhere untouchable.
Subject to the laws and regulations on areas to which access is prohibited or modified for reasons of national security, the recipient State shall ensure freedom of movement and travel on its territory to all members of the representative.
1) The beneficiary State will allow and protect the free association of the representative for all official purposes. In connection with the government and other missions of its state, the representative may use all media, including diplomatic couriers and coded or encrypted messages. The representative may establish and use a radio broadcasting station on the basis of the prior consent of the recipient State.
2) Official correspondence of the representative is untouchable. The luggage containing the official documents of the representative shall not be opened or detained.
3) The representative courier shall be protected by the recipient State in the performance of his duties, shall enjoy personal integrity and shall not be arrested or detained in any way. The representative's courier shall be provided with an official document indicating its status and the number of consignments constituting the baggage.
(4) The baggage containing the official documents of the representative may be entrusted to the captain or radio-telegraphist of a civil aircraft arriving at a permitted airport. The captain or radio-telegraph operator shall be provided with an official document indicating the number of consignments constituting the baggage but not being considered a courier. The department may send one of its officials to hand over the baggage directly and freely to the captain or radio-telegrapher or to take it from their hands under the same conditions.
Charges levied by the representative as fees and consular fees shall be exempt from taxation in the beneficiary State.
1) The beneficiary State shall grant the representative exemption from all customs duties, taxes and other charges on imports and exports of articles intended for official use.
2) The same exemptions will also be granted in respect of articles intended for the personal use of officials of the representations and members of their families who are members of their household under the statutory provisions and applicable rules of the beneficiary State.
3) The members of the administrative and technical staff, together with the members of the staff of the service, shall, if they are not citizens of the recipient State, also enjoy these exemptions in agreement with the laws and regulations of the recipient State, but only in respect of items imported at the time of their initial establishment.
1) Counsel officials shall enjoy personal integrity and shall in no way be arrested or taken into custody.
2) The members of the families of the families of representatives who are members of their household shall also enjoy, unless they are citizens of the beneficiary State, personal integrity.
1) The officials of the representative and members of their families who are members of their household, if they are not citizens of the recipient State, shall enjoy the privileges of exemption from the criminal, civil and administrative jurisdiction of that State.
2) The members of the administrative and technical staff of the representative shall enjoy the privileges of the exemption from the criminal, civil and administrative jurisdiction of the recipient State for an activity carried out in the context of their official duties.
(3) The persons referred to in paragraphs 1 and 2 of this Article shall be exempt from the obligation to give evidence, but members of the administrative and technical staff of the representative shall be exempt only from the facts relating to the performance of their official duties.
4) The beneficiary State shall treat the members of the representative with due respect and shall take all appropriate measures to prevent any attack against their person, freedom or dignity.
The representatives, members of the administrative and technical staff, the staff of the representative and their domestic servants, as well as members of their families living with them in the common household, shall be exempt from all obligations imposed by the laws and regulations of the recipient State concerning the registration of foreigners and residence permits, as well as from all personal obligations.
Persons referred to in Article 14: The Annexes shall be exempt, unless they are nationals of the beneficiary State, from all taxes and direct charges other than those levied for the provision of specific services.
The officials of the representative shall not engage in any occupation or business activity in the recipient State for personal gainful reasons.
In the exercise of all their official duties, the Heads of State and other officials of the representative shall contact the Ministry of Foreign Affairs of the beneficiary State, the other competent authorities designated by that Ministry and the local authorities in accordance with the laws and regulations of the recipient State.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 28 / 1971 Coll., on the Arrangement between the Czechoslovak Socialist Republic and Spain on the Mutual Establishment of Consular and Commercial Representatives |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.04.1971 |
|---|---|
| Effective from | 16.11.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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