Decree No 32 / 1969 Coll.
Decree of the Minister for Foreign Affairs on the Vienna Convention on Consular Relations
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Effective from 17.04.1969
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32
DECLARATION
Minister for Foreign Affairs
of 12 February 1969
concerning the Vienna Convention on Consular Relations
The Vienna Convention on Consular Relations was negotiated in Vienna on 24 April 1963.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in New York on 31 March 1964.
The President of the Republic ratified the Convention and the instrument of ratification was deposited with the Secretary-General of the United Nations, depositary of the Convention, on 13 March 1968.
The Convention entered into force on 19 March 1967 pursuant to Article 77 (1) thereof. For the Czechoslovak Socialist Republic, Article 77 (2) entered into force on 12 April 1968.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Marko v. r.
VIDEN CONSULAR CONSIDERATIONS
States Parties to this Convention,
Recalling that from ancient times consular relations have been established between nations,
having regard to the objectives and principles of the United Nations Charter on sovereign equality, maintaining international peace and security and promoting friendly relations between nations,
Knowing that the United Nations Conference on Diplomatic Relations and Immunities adopted the Vienna Convention on Diplomatic Relations, open for signature on 18 April 1961,
Believing that the International Convention on Consular Relations, Privileges and Immunities will also contribute to the development of friendly relations between nations, regardless of the diversity of their constitutional and social establishment,
Recognising that the purpose of such privileges and immunities is not to benefit the individual, but to ensure the effective performance of consular functions on behalf of their States,
confirming that the rules of international ordinary law will continue to apply to matters which are not expressly covered by the provisions of this Convention,
they have agreed as follows:
Definitions
1. 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) "consular circuit" means a territory designated by the consular office for the performance of consular functions;
(c) "Head of the consular post" means the person authorised by the sending State to carry out the duties associated with this function;
(d) "consular officer" shall mean any person, including the Head of the consular post, responsible for carrying out consular functions in this capacity;
(e) "consular staff" means any person employed in the administrative or technical services of the consular office;
(f) "member of staff" means any person employed in the domestic service of the consular office;
(g) "members of the consular post" shall mean consular officials, consular staff and staff members;
(h) "members of consular staff" shall mean consular officials, in addition to the head of the consular office, consular staff and staff members;
(i) "member of private staff" means a person employed exclusively in the private service of a member of the consular post;
(j) "consular rooms" means buildings or parts of buildings and land attached thereto, used exclusively for the purposes of the consular office, irrespective of who the owner is;
(k) "consular archives" shall include all documents, documents, correspondence, books, films, recording tapes and registers of the consular office, together with the codes and codes, files and any part of the equipment intended to protect and store them.
2. Consultant officials are dual categories, namely consular officials of the profession and honorary consular officials. The provisions of Title II of this Convention shall apply to consular posts led by consular officials of the profession, to those of Title III shall apply to consular posts led by honorary consular officers.
3. The special status of members of the consular post who are citizens of, or permanent residents of, the recipient State shall be governed by Article 71 of this Convention.
Consular contacts in general
Establishing and implementing consular contacts
Consular liaison
1. The establishment of consular contacts between States shall take place by mutual agreement.
2. The consent to establish diplomatic relations between two States shall include, unless otherwise specified, consent to establish consular relations.
3. The interruption of diplomatic relations does not in itself involve the interruption of consular relations.
Consular function performance
Consular functions are performed by consular authorities. They shall also be carried out by diplomatic missions in accordance with the provisions of this Convention.
Establishment of a consular office
1. The Consultative Office may be established in the territory of the beneficiary State only with its consent.
2. The seat of the consular office, its classification and the consular perimeter shall be determined by the sending State and shall be subject to the approval of the recipient State.
3. Additional changes to the seat of the consular office, its classification or consular district may be made by the sending State only with the consent of the receiving State.
4. The consent of the beneficiary State shall also be required where the Consulate General or Consulate wishes to establish a Vice-Consulate or Consulate in a place other than its own.
5. The prior explicit consent of the beneficiary State shall also be required for the establishment of an office forming part of the consular office but located outside its seat.
Consular functions
Consular function depends
(a) protecting the interests of the sending State and its nationals, both natural and legal persons, in the recipient State to the extent permitted by international law;
(b) promoting the development of trade, economic, cultural and scientific contacts between the sending State and the receiving State and other development of friendly contacts between them in accordance with the provisions of this Convention;
(c) in the identification and development of the commercial, economic, cultural and scientific life of the recipient State by all legal means and in the reporting of this to the Government of the sending State and to interested parties;
(d) in issuing passports and travel documents to nationals of the sending State and visas or relevant documents to persons wishing to travel to the sending State;
(e) providing assistance and support to nationals of the sending State, both natural and legal persons;
(f) carrying out the duties of notary, civilian and similar functions and performing certain functions of an administrative nature, provided that this is not contrary to the laws and regulations of the recipient State;
(g) the protection of the interests of nationals of the sending State, whether natural or legal, in matters of succession in the territory of the recipient State, in accordance with the laws and regulations of the receiving State;
(h) the protection of the interests of minors and other persons not having full competence who are nationals of the sending State, to the extent provided for by the laws and regulations of the receiving State, in particular where custody or custody is required in respect of such persons;
(i) representation of nationals of the sending State or of ensuring their appropriate representation before the courts and other authorities of the receiving State, while maintaining the practice and procedural rules in force in the recipient State in order to achieve provisional measures to protect the rights and interests of those nationals in accordance with the laws and regulations of the receiving State in cases where, in the absence or for other reasons, those nationals are unable to take up their rights and interests in good time;
(j) in the service of judicial and extrajudicial documents or in the handling of requests or mandates to carry out evidence for the courts of the sending State in accordance with applicable international agreements or, in the absence of such international agreements, by any other means consistent with the laws and regulations of the receiving State;
(k) in the exercise of the right of oversight and inspection provided for by the laws and regulations of the sending State as regards ships under the jurisdiction of the sending State, aircraft registered in that State and their crew;
(l) in the provision of assistance to ships and aircraft referred to in subparagraph (k) of this Article and to their crew, in the receipt of reports concerning the ship's voyage, in the control and vision of ship's documents, and without prejudice to the authority of the authorities of the recipient State, in the investigation of any accident occurring during the voyage and in the resolution of disputes of all kinds between the captain, officers and seafarers, where permitted by the laws and regulations of the sending State;
(m) in carrying out other functions entrusted to the consular post by the sending State which are not prohibited by the laws and regulations of the receiving State or against which the receiving State raises no objections or which are listed in international agreements in force between the sending State and the receiving State.
Performance of consular functions outside the consular district
A consulate official may, in special cases, perform his duties outside the consular district with the consent of the recipient State.
Exercise of consular functions in a third State
The sending State may, after informing the States concerned, entrust the consular post in a particular State with the exercise of consular functions in another State, unless one of the States concerned has expressly objected to this.
Third State performance of consular functions
The consulate office of the sending State may, after informing the receiving State accordingly, carry out consular functions in the receiving State if the receiving State does not object.
Class of head of consular posts
1. The head of consular posts shall be divided into four classes:
(a) the consul general;
(b) consuls;
(c) vice-consuls;
(d) consular agents.
2. Paragraph 1 of this Article shall in no way restrict the competence of any Contracting Party to determine the rank of consular officials other than those of the heads of consular posts.
Appointment and acceptance of consular heads
1. The Head of the consular posts shall be appointed by the sending State and accepted to perform his duties by the receiving State.
2. In keeping with the provisions of this Convention, the formalities for the appointment and acceptance of the heads of consular posts shall be governed by the laws, regulations and practices of the sending or receiving State, as appropriate.
Consulate patent or appointment notice
1. The sending State shall provide the Head of the consular post with a document in the form of a patent or similar document drawn up for each appointment, which shall certify its function and shall, as a general rule, indicate its full name, category and class, consular circuit and seat of the consular post.
2. The sending State shall send the patent or similar document by diplomatic or other appropriate means to the Government of the State in whose territory the Head of the consular post is to perform his duties.
3. The sending State may, with the consent of the receiving State, forward to the receiving State, instead of a patent or similar document, a notification containing the information required in paragraph 1 of this Article.
Exquatur
1. The Head of the consular post shall be recruited to perform his duties on the basis of the acceptance of the recipient State called exocvatur, whatever the form of admission is.
2. A State which refuses to provide an exequatur shall not be obliged to inform the sending State of the reasons for its refusal.
3. With the exception of the provisions of Articles 13 and 15, the Head of the consular post shall not take up his duties unless he receives an exequatur.
Provisional reception of the Head of the consular post
Pending service of the exquatur, the Head of the consular post may be recruited on a provisional basis to perform his duties. In that case, the provisions of this Convention shall apply.
Notification of consular authorities
As soon as the Head of the consular post is accepted even temporarily for the performance of his duties, the receiving State shall immediately inform the competent authorities of the consular district. It shall also ensure the implementation of the necessary measures to enable the Head of the consular post to carry out the duties arising from his office and to benefit from the provisions of this Convention.
Temporary performance of the post of Head of the consular post
1. In the event that the Head of the consular post is unable to perform his duties or that the post of Head of the consular post is vacant, the temporary Head of the post may provisionally act as Head of the consular post.
2. The diplomatic mission of the sending State, or if that State does not have such a mission in the receiving State, the Head of the consular post, or, failing that, any competent authority of the sending State must inform the Ministry of Foreign Affairs of the receiving State or of the authority designated by that Ministry of the full name of the temporary head of office. As a rule, this communication must be made in advance. The receiving State may bind the receipt of the temporary head of the Office, unless it is a diplomatic representative or consular official of the sending State in the receiving State, to its consent.
3. The competent authorities of the beneficiary State shall provide assistance and protection to the temporary Head of Office. Where the Office is maintained, it shall be subject to the provisions of this Convention on the same basis as the Head of the competent consular post. However, the receiving State shall not be obliged to grant the temporary head of the Office any benefits, privileges and immunities that the Head of the consular post enjoys only as a result of conditions which the temporary head of the Office does not meet.
4. If, in the circumstances referred to in paragraph 1 of this Article, a member of the diplomatic staff of the diplomatic mission of the sending State is entrusted in the recipient State with the function of interim head of office, he shall, unless the beneficiary State objects to it, continue to enjoy diplomatic privileges and immunities.
Order of heads of consular posts
1. The head of the consular posts will be ranked in each class according to the date of the exequatur.
2. However, in cases where the head of the consular post is accepted provisionally for the performance of his duties prior to the receipt of the exocvatures, the order shall be determined according to the date of provisional adoption; the order shall be maintained after the exequatur has been provided.
3. The order between two or more heads of consular posts who have received an exequatur or provisional admission on the same day shall be determined on the basis of the date of receipt of their patents or similar documents or the notification referred to in paragraph 3 of Article 11 to the recipient State.
4. The temporary heads of offices shall be ranked behind all the heads of consular posts and shall be one of them according to the date on which the posts of the temporary head office are taken over, as specified in the communications sent pursuant to paragraph 2 of Article 15.
5. Honorary consular officials who are the head of consular posts shall be ranked in each class after the head of consular posts of the profession, in accordance with the rules referred to in the preceding paragraph.
6. The heads of consular posts shall be placed in place before consular officials who do not have such status.
Performing diplomatic acts by consular officers
1. In a State in which the sending State does not have a diplomatic mission and is not represented by a diplomatic mission of a third State, the consular officer may be charged with carrying out diplomatic tasks, if the recipient State so agrees. The consular status of the consular officer is thus unchanged. The exercise of such acts does not give him the right to claim diplomatic privileges and immunities.
2. The consular officer may, upon notification to the recipient State, act as a representative of the sending State to any intergovernmental organisation. In the performance of this function, he shall be entitled to enjoy all privileges and immunities granted to such a representative under the international law of ordinary or international agreements; However, in relation to the performance of its consular functions, it shall not be entitled to enjoy any greater exemption from jurisdiction than the right of a consular official under this Convention.
Appointment of the same person by a consular officer by two or more States
Two or more States may, with the consent of the beneficiary State, appoint the same person as a consular officer in the beneficiary State.
Appointment of consular staff
1. In maintaining the provisions of Articles 20, 22 and 23, the sending State may freely appoint members of consular staff.
2. The sending State shall communicate to the receiving State the full name, category and class of all consular officers, other than the heads of consular posts, so that it has sufficient time to exercise, if it so wishes, its rights under paragraph 3 of Article 23.
3. The sending State may, if required by its laws and regulations, request the receiving State to provide exquatur to a consular officer who is not the head of the consular post.
4. The beneficiary State may, if its laws and regulations so require, provide exquatur to a consular officer who is not head of the consular post.
Scope of consular staff
If there is no explicit agreement on the extent of consular staff, the recipient State may require that the scope of staff be maintained within limits which it considers reasonable and normal, taking into account the circumstances and conditions in the consular district and the needs of the competent consular office.
Order of consular officials of the consular post
The order of consular officials of the consular post and its amendments shall be notified by the diplomatic mission of the sending State, or, unless that State has such a mission in the recipient State, by the Head of the consular post to the Ministry of Foreign Affairs of the recipient State or by the authority designated by that Ministry.
Citizenship of consular officials
(1) Consultative officials shall in principle be nationals of the sending State.
2. Consultative officials may not be appointed from among nationals of the beneficiary State unless that State gives express consent; the consent may be withdrawn at any time.
3. The receiving State may reserve the same right as regards nationals of a third State who are not nationals of the sending State.
Persons declared non grata
1. The receiving State may at any time notify the sending State that the consular officer is persona non grata or that any other member of the consular staff is unacceptable. In such a case, the sending State shall, as appropriate, either withdraw such person or terminate his duties at the consular office.
2. If the sending State refuses or omits, within a reasonable period of time, to comply with its obligations under paragraph 1 of this Article, the receiving State may, depending on the nature of the case, either withdraw the exequatur of the person concerned or cease to consider him as a member of the consular staff.
3. A person appointed as a member of the consular post may be declared unacceptable before arriving in the territory of the recipient State or, if he is already in his territory, before taking up his duties at the consular office. In any event, the sending State shall withdraw the appointment.
4. In the cases referred to in paragraphs 1 and 3 of this Article, the receiving State shall not be obliged to notify the sending State of the reasons for its decision.
Notification to the beneficiary State of appointment, arrival and departure
1. The following shall be notified to the Ministry of Foreign Affairs of the beneficiary State or to the Office:
(a) the appointment of members of the consular post, their arrival at the consular post, their final departure or termination of their duties and any other changes affecting their status which may arise during their service at the consular office;
(b) the arrival and final departure of a member of the family of a member of the consular post living with him and, where applicable, the cases where a person becomes or ceases to be such a member of the family;
(c) the arrival and final departure of private personnel and, where applicable, the termination of their service;
(d) the employment and release of persons settled in the recipient State as regards members of the consular post or members of private staff enjoying privileges and immunities.
2. The arrival and final departure will also be notified in advance as far as possible.
Termination of consular functions
Termination of consular posts
The post of member of the consular post shall end, inter alia:
(a) by notifying the sending Sat to the receiving State that the post of member of the consular post has ceased;
(b) by appeal of exequatur,
(c) by notifying the receiving State that the receiving State has ceased to consider it as a member of the consular staff.
Termination of the territory of the beneficiary State
The beneficiary State shall provide, including in the event of armed conflict, the members of the consular office and the members of the private staff, in so far as they are not nationals of the receiving State, and their family members living with them in the common household, irrespective of their nationality, with the necessary time and assistance to enable them to prepare their departure and to leave as soon as possible after their duties have ceased. In particular, they shall make available, where necessary, the necessary means of transport for those persons and their property, except in the case of property acquired in the recipient State whose export is prohibited at the time of departure.
Protection of consular rooms, archives and interests of the sending State in exceptional circumstances
1. In the event of interruption of consular contact between two States:
(a) in the event of an armed conflict, the recipient State shall respect and protect the consular rooms together with the property of the consular office and the consular archives;
(b) the sending State may entrust the care of the consular rooms together with the property contained therein and the consular archives of the third State, acceptable to the recipient State;
(c) the sending State may entrust the protection of its interests and the interests of its nationals to a third State acceptable to the recipient State.
2. In the case of temporary or permanent closure of the consular post, the provisions of subparagraph (a) of paragraph 1 of this Article shall apply. Besides,
(a) where the sending State, not represented in the receiving State by a diplomatic mission, has another consular office within the territory of that State, that consular office may be entrusted with the care of the rooms of the closed consular post, together with the property and the consular archives present therein, and with the consent of the receiving State, by performing consular functions in the consular district of that consular post; or
(b) where the sending State has no diplomatic mission and another consular office in the receiving State, the provisions of subparagraphs (b) and (c) of paragraph 1 of this Article shall apply.
Advantages, privileges and immunities of consular posts, professional consular officers and other members of the consular post
Advantages, privileges and immunities of the consular post
Facilitating consular work
The beneficiary State shall fully facilitate the performance of the functions of the consular post.
Use of State flag and national emblem
1. The sending State shall have the right to use its flag and national emblem in the receiving State in accordance with the provisions of this Article.
2. The national flag of the sending State may be displayed and the national emblem placed on the building of the consular office and at its entrance, the residence of the head of the consular office and its means of transport when used for service purposes.
3. In exercising the right under this Article, account shall be taken of the laws, regulations and practices of the beneficiary State.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 32 / 1969 Coll., on the Vienna Convention on Consular Relations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.04.1969 |
|---|---|
| Effective from | 17.04.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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