Decree of the Minister for Foreign Affairs No. 33 / 1980 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Turkey
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Effective from 11.08.1979
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33
DECLARATION
Minister for Foreign Affairs
of 29 December 1979
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Turkey
On 15 November 1977, the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Turkey was signed in Ankara.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were exchanged in Prague on 11 July 1979.
Pursuant to Article 44 (1) of the Convention, the Convention entered into force on 11 August 1979.
The Czech translation of the text of the Convention is announced simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Republic of Turkey
the Czechoslovak Socialist Republic and the Republic of Turkey,
Desiring to adjust consular relations between the two States on the basis of the principles of respect for sovereignty and national independence, equality and non-interference in internal affairs, thereby facilitating the protection of their national interests and the rights and interests of their nationals,
have decided to conclude the Consular Convention and have appointed for that purpose their agents:
President of the Czechoslovak Socialist Republic:
Bohuslav Chubek, Minister of Foreign Affairs,
President of the Republic of Turkey:
Íhsan Sabri Çagalayangila, Minister for Foreign Affairs,
who have exchanged their powers of attorney which they have found in good and proper form and have agreed on the following provisions:
DEFINITIONS
For the purposes of this Convention:
(a) "consular office" means the consulate-general, consulate-general, vice-consulate or consulate-general;
(b) "consular circuit" means a territory designated by the consular office for the performance of consular functions;
(c) the term "Head of the consular post" means the person empowered to act in that capacity;
(d) the term "consular officer" means a person, including the head of the consular post, responsible for carrying out consular functions in that capacity;
(e) "consular staff" means a person employed in the administrative or technical services of the consular office;
(f) "member of the staff" means a person employed in the domestic services of the consular office;
(g) "member of the consular post" means consular officials, consular staff and staff members;
(h) "member of the family" means the spouse, minor children of a member of the consular post or his wife, and provided that the member of the consular post looks after them and that, under the legislation of the sending State, they live in his household as well as his parents;
(i) "consular rooms" means buildings or parts of buildings and land belonging thereto which are used solely for the purposes of the consular office, irrespective of who the owner is;
(j) the term "consular archives" shall include all documents, documents, correspondence, books, films, tape tapes and registers of the consular post, together with the codes, files and equipment intended for their protection and storage;
(k) "ship" means a vessel having the nationality of that State under the legislation of the sending State; the term ship does not include warships;
(l) "civil aircraft" means civil aircraft registered and imatriated in the sending State in accordance with its legislation and bearing the designation of that State;
(m) the term "Contracting Parties" shall mean the sending State and the receiving State.
ESTABLISHMENT OF CONSULAR OFFICIALS, APPARATUS OF CONSULAR OFFICERS AND CONSULAR STAFF
1. Each Contracting Party may establish a consular post in the territory of the other Contracting Party only with the prior consent of the other Contracting Party.
2. The seat of the consular post, its perimeter, its class and the extent of its staff shall be determined by mutual agreement between the Contracting Parties.
3. Subsequent changes to the seat of the consular post, its perimeter and its class may be made by the sending State only with the consent of the receiving State.
1. Following the appointment of the Head of the consular post, each Party shall, through its diplomatic mission, send to the Ministry of Foreign Affairs of the other Party a consultative patent concerning that appointment.
The consultative patent shall state the surname, name, nationality and class of the head of the consular post as well as the seat of the consular office and the consular district.
2. The Head of the consular post shall be admitted to perform his duties on the basis of the acceptance of the sending State, which, upon presentation of the consultative patent, shall be granted in the form of exequatur. Exequatur will be issued as soon as possible and free of charge. The beneficiary State may refuse to grant exequatur without giving reasons.
3. Once the exequatur has been granted or is provisionally accepted by the Head of the consular post in accordance with Article 4, the recipient State shall immediately inform the competent authorities of the consular district thereof and shall ensure that the necessary measures are taken to enable it to carry out its duties and to enjoy the rights, privileges and immunities under this Convention and the legislation of the recipient State.
Pending the granting of exequatur, the Head of the consular post may be recruited provisionally to perform his duties. In that case, the provisions of this Convention shall apply.
1. Each Contracting Party may appoint only its own nationals by consular officers.
2. The sending State may employ only persons who are its own nationals or nationals of the recipient State as consular staff and staff.
The names and functions of consular officers, excluding the Head of the consular post, as well as the names and functions of consular staff and members of staff, shall be notified to the Ministry of Foreign Affairs of the recipient State within a reasonable time before taking up their duties.
1. The sending State may entrust a member of the diplomatic staff to its diplomatic mission in the recipient State with the performance of consular functions. The surname, first name and rank of the member of diplomatic staff in charge of consular functions and the district in which he will perform those functions shall be communicated by diplomatic channels to the beneficiary State. The receiving State shall inform the competent authorities of the consular district accordingly.
2. The member of the diplomatic staff of the diplomatic mission of the sending State in the recipient State in charge of the performance of consular functions shall continue to enjoy the privileges and immunities incumbent upon him on the basis of his diplomatic status.
3. The sending State may establish a consular department in its diplomatic mission to carry out consular functions in the recipient State. The establishment of a consular unit and its perimeter shall be notified by diplomatic means to the recipient State.
4. A member of diplomatic staff of a diplomatic mission in charge of consular functions in a diplomatic mission shall have the rights and obligations set out in this Convention for consular officers.
The beneficiary State shall issue, free of charge, to each member of the consular post a document certifying his status.
The beneficiary State shall treat consular officials with due respect and shall ensure the protection of consular officials on its territory and shall take all necessary measures to enable them to fulfil their duties and to enjoy the rights, privileges and immunities conferred upon them by this Convention.
1. If, for any reason, the Head of the consular post is unable to perform his duties, or if his post is temporarily vacant, the Head of the consular post may temporarily be entrusted for a reasonable period to the consular officer of that consular post or to the consular officer of another consular office of the sending State or to a member of diplomatic staff of the diplomatic mission of the sending State in the recipient State or official of the Ministry of Foreign Affairs of the sending State. The name and name of the person in charge of this function shall be notified to the Ministry of Foreign Affairs of the beneficiary State.
2. The person in charge of the temporary management of the consular post shall perform all functions of Head of the consular post and shall enjoy the rights, privileges and immunities conferred on the Head of the consular post appointed pursuant to Article 3 of this Convention.
3. A member of the diplomatic staff of the diplomatic mission, who is responsible for the temporary management of the consular post, shall continue to enjoy the privileges and immunities which he holds on the basis of his diplomatic status.
1. The receiving State may at any time, without giving reasons for its decision, notify the sending State by diplomatic means that the consular officer is considered to be an undesirable person or that the consular staff member or the staff member is unacceptable.
In that case, the sending State shall withdraw the person concerned.
2. If the sending State fails to fulfil the obligation under paragraph 1 within a reasonable period of time, the receiving State may cease to recognise that person as a member of the consular post.
The post of member of the consular post shall end in particular:
(a) notification by the sending State to the receiving State that its functions have ceased;
(b) withdrawal of exequatur;
(c) a notification by the recipient State to the sending State that it has ceased to recognise the person concerned as a member of the consular post.
1. The sending State may, to the extent permitted by the laws of the receiving State and on the basis of reciprocity, acquire, hold or use any form of lease which exists under that legislation, land, building or part of buildings for the purposes of the consular post, for its location or for the accommodation of members of the consular post, provided that they are nationals of the sending State.
2. The receiving State shall provide all assistance to the sending State in the acquisition of land, buildings or parts of buildings for the purposes referred to in the preceding paragraph.
PRINCIPLES AND IMMUNITY
1. In the building in which the consular office is located and at the seat of the head of the consular office, the flag of the sending State may be placed together with the designation of the consular office in the language of the sending and receiving States.
2. The flag of the sending State may be displayed on the building in which the consular office is located, on the headquarters of the head office and on its means of transport, when used for official purposes.
3. In exercising the right to use a State emblem and a State flag, account shall be taken of the laws and practices of the beneficiary State.
1. The consulate rooms are untouchable. The authorities of the beneficiary State may not enter them without the consent of the Head of the consular post, the official designated by it or the Head of the diplomatic mission of the sending State.
2. The provisions of paragraph 1 of this Article shall also apply to the head of the consular post.
3. The beneficiary State has a special obligation to take all measures to protect the consular rooms against attacks or damage and to prevent the disturbance of the peace of the consular post or damage to its dignity.
The consulate archives are always untouchable wherever they are.
1. The consulate shall have the right to contact its government, diplomatic missions and other consular authorities of the sending State wherever they are. The consulate may use all means of communication for this purpose, including diplomatic or consular couriers, diplomatic or consular baggage and code or cipher messages. However, the consular office may establish and use the radio station only with the consent of the recipient State.
2. When using public means of communication, the consular post shall be subject to the same conditions as for the diplomatic mission of the sending State.
3. Official correspondence of the consular office and courier baggage, provided that they bear an external indication that they are of an official nature, are untouchable and cannot be controlled or detained. They may contain only official correspondence and articles intended exclusively for official use.
4. The consular courier shall be provided with an official document indicating its status and indicating the number of consignments forming consular baggage. It will enjoy the same rights, privileges and immunities as the diplomatic courier of the sending State.
5. The captain of a ship or a civilian aircraft of the sending State may be charged with transporting consular baggage. This captain shall be provided with an official document indicating the number of consignments entrusted to him but shall not be considered as consular courier. By agreement with the competent authorities of the beneficiary State, the consular office may send one of its members to take the baggage directly and freely from the ship or aircraft captain or to surrender it to him.
1. Consular officials and servants who are not nationals of the beneficiary State shall not be subject to the jurisdiction of the judicial and administrative authorities of the recipient State in respect of the conduct of their official duties.
2. However, paragraph 1 of this Article shall not apply to civil actions:
(a) resulting from a contract which has not been expressly or manifestly negotiated in its official capacity by a consular official or consular staff;
(b) submitted by a third party in respect of compensation for damage caused by an accident in the recipient State by means of means of transport.
3. In respect of acts outside the exercise of their official functions, consular officials may be arrested or taken into custody only in the case of serious offences and at the discretion of the competent judicial authority.
"Serious criminal offence 'within the meaning of this Article means any offence which has not been committed negligently and to which the law of the recipient State provides for a custodial sentence of at least five years.
Family members of consular officers who are not nationals of the beneficiary State shall also enjoy the benefits provided for in this Article.
4. The receiving State shall inform the diplomatic mission of the sending State of the prosecution initiated against the persons referred to in this Article.
1. Consumers and consular staff who are not nationals of the beneficiary State may, in the interests of fairness and at the request of the court, testify as witnesses.
However, they cannot be asked to state the facts affecting the performance of their functions. In this case, they may refuse testimony. No enforcement action may be taken against a consular officer or staff member to appear in court or to give evidence in court.
2. Where the consular officer or staff member referred to in the previous paragraph agrees to give a statement of evidence, it shall be treated in such a way as not to interfere with the activities of the consular office. Where possible, oral or written evidence of the witness shall be accepted at the consular office or at its residence.
3. The provisions of this Article shall also apply to administrative procedures.
4. The provisions of paragraphs 1 and 3 of this Article shall also apply to members of the family of consular officers who are not nationals of and living with the beneficiary State.
The members of the consular post and their family members who live with them shall be exempt from all public services and obligations of any kind, provided that they are not nationals of or resident in the recipient State.
The members of the consular office and their family members living with them shall be exempt from all obligations laid down by the laws and regulations of the recipient State concerning registration of foreigners and residence permits and other provisions concerning the residence of foreigners.
1. The sending State shall be exempt in the recipient State from all taxes, levies and charges as regards:
(a) land, buildings or parts of buildings used for consular purposes, as well as the residence of the head of the consular post, if they are owned by the sending State or have been hired on behalf of the sending State;
(b) transfers or other acts relating to the acquisition of such immovable property;
(c) the performance of consular functions, including income for the conduct of consular functions.
The exemption provided for in this paragraph shall not apply to taxes, levies and charges to be paid under the legislation of the recipient State by persons entering into a contractual relationship with the sending State.
2. The sending State shall also be exempt in the recipient State from all taxes, levies and charges on vehicles owned, held or used by it and used exclusively for consular purposes.
3. The exemptions provided for in this Article shall not apply to levies and charges levied on services rendered.
The salary which consular officials and consular staff and members of staff who are not nationals of the beneficiary State receive for the performance of their official duties shall be exempt from all taxes and charges in the beneficiary State.
1. Members of the consular office and their family members who live with them and are not nationals of, or have their permanent residence in, the recipient State shall be exempt from all national, regional and local taxes and charges.
2. Paragraph 1 of this Article shall not apply to:
(a) indirect taxes normally included in the price of goods or services;
(b) taxes and charges on private immovable property in the territory of the beneficiary State, subject to the provisions of Article 22;
(c) inheritance and transfer fees levied by the beneficiary State;
(d) taxes and charges on private income originating in the beneficiary State;
(e) registration, mortgage and administrative charges, subject to Article 22;
(f) fees levied for services rendered.
In the event of the death of a member of the consular post or of a member of his family who has left his movable property in the recipient State, he or she shall not be charged by the recipient State for the inheritance or transfer of such movable property, nor shall he or she be liable for any acts relating thereto, on condition that the person concerned was not a national of the recipient State nor was he or she domiciled in that State and that he or she is situated in the recipient State only because of the residence of the deceased as a member of the consular post or family member of the consular officer or consular staff in that State.
1. Articles, including motor vehicles imported for the official use of the consular post, shall be exempt, in accordance with the legislation of the recipient State, from customs duties and any similar charges levied on or in connection with imports to the same extent as if they had been imported by the diplomatic mission of the sending State to the recipient State.
2. The consular officer and his family members who live with him and who are not nationals of, or have their permanent residence in, the recipient State shall be exempt from customs duties and charges levied in connection with imports in respect of all items intended for their personal use, including those intended for their initial establishment. The consular staff shall enjoy the exemption provided for in this paragraph only for items imported at the time of their first entry into the consular post.
3. Articles intended for personal use shall not exceed the quantity needed for direct use by the relevant persons.
4. The personal luggage of consular officers and their family members who live with them and are neither nationals of nor resident in the recipient State shall be exempt from the customs inspection. They may be examined only where there are serious grounds for believing that they contain articles other than those referred to in paragraph 2, or objects whose import or export is prohibited by the legislation of the sending State for quarantine. Such inspection may be carried out only in the presence of such consular officer or his family member or his representative.
All persons to whom privileges and immunities are granted by this Convention shall comply, without prejudice to such privileges and immunities, with the legislation of the recipient State, including transport and vehicle insurance rules.
Subject to the legislation of the beneficiary State concerning areas where entry is prohibited or restricted for reasons of national security, members of the consular office and family members living with them shall have the right to free movement in that State.
CONSULAR FUNCTIONS
The consulate shall assist the development of economic, commercial, cultural and scientific contacts between the two States and contribute to the strengthening of friendly relations between them.
1. The consular officer shall be entitled to perform the functions referred to in this Part in accordance with the legislation of the beneficiary State. Other consular functions may be performed only on condition that they do not conflict with the legislation of the recipient State.
2. The consular officer shall be entitled to represent in his consular district, in compliance with the laws of the recipient State, the law and interests of the sending State and its members, both natural and legal persons.
3. In the performance of his duties, the consular officer shall be entitled to contact the competent authorities in his consular district in writing or orally, as well as the competent central authorities of the recipient State, to the extent permitted by the laws and practices of that State.
4. With the agreement of the beneficiary State, the consular officer shall be entitled to perform consular functions outside his consular district.
1. The consular officer shall be entitled to:
(a) register nationals of the sending State;
(b) receive applications and declarations from nationals of the sending State in matters of citizenship and issue the necessary documents;
(c) to register a marriage concluded in accordance with the laws of the recipient State where at least one of the engagements is a national of the sending State and a marriage between the engagements if both are nationals of the sending State, unless that act is prohibited by the law of the receiving State;
(d) receive, in accordance with the laws of the sending State, declarations concerning the family circumstances of nationals of that State;
(e) register the birth and death of nationals of the sending State;
(f) issue, certify, certify, verify, validate or otherwise make valid documents and documents at the request of nationals of the sending State for use outside the territory of the recipient State or at the request of any person for use in the recipient State, unless this is contrary to the legislation of that State;
(g) to translate documents and documents, verify the accuracy of the translation and verify the documents.
2. The consular officer shall inform the competent authorities of the beneficiary State of the acts referred to in points (c) and (e) of this Article, if required by the legislation of the beneficiary State.
Documents and documents drawn up, drawn up, translated or authenticated by a consular officer in accordance with Article 31 shall have the same legal validity in the recipient State as documents drawn up, translated or certified by the competent authorities of the recipient State.
The consular officer shall have the right to:
1. issue, renew, amend, revoke, withdraw or detain travel documents of nationals of the sending State;
2. issue, extend or cancel visas to persons intending to visit the sending State.
As soon as the consular officer becomes aware of a situation requiring the appointment of a guardian or guardian to a national of the sending State, he shall immediately inform the competent authorities of the recipient State and may request the necessary measures and, if he so wishes, propose persons to appoint guardians or guardians.
Where the competent authorities of the beneficiary State are aware of a situation requiring the appointment of a guardian or guardian, they shall immediately inform the consular officer thereof.
The appointment of guardians or guardians as well as the necessary measures shall be carried out in accordance with the provisions of the legislation of the beneficiary State.
1. The competent authorities of the beneficiary State shall immediately inform the consular officer of the death of a national of the sending State in the territory of the recipient State.
2. If the competent authorities of the beneficiary State are aware of the existence of an inheritance by a national of the sending State or of an inheritance by a person of any nationality who has died in the recipient State and could have an interest in such an inheritance, they shall inform the consular officer.
3. The competent authorities of the beneficiary State shall, in the cases referred to in paragraph 2, if the inheritance is situated in the territory of that State, take measures to ensure the inheritance under the legislation of the beneficiary State and send a copy of the will to the consular officer, if it has been drawn up, provide him with all available information on the heirs, composition and value of the inheritance and notify him of the date on which the proceedings for the succession are opened.
4. The consular officer shall be entitled to represent, directly or through a representative, the interests of a national of the sending State who is entitled to an inheritance in the territory of the recipient State and who is not domiciled in that State.
5. The consular officer shall be entitled to receive, on behalf of a national of the sending State who is not domiciled in the recipient State, the sums of money or other property belonging to the citizen concerned as a result of the death of any person, including payments made under the legislation relating to compensation paid to workers in the context of retirement and social security, as well as amounts derived from insurance.
6. Movements and sums of money left by a national of the sending State for the liquidation of the inheritance may be transferred to the competent consular officer on condition that the claims of the creditors have been satisfied or secured and that taxes and inheritance charges have been paid.
7. The consular officer shall be entitled to cooperate with the competent authorities of the beneficiary State in securing the inheritance referred to in this Article.
1. The consular officer shall have the right to represent the nationals of the sending State in accordance with the laws of the receiving State in his consular district before the authorities of the receiving State, provided that they cannot, for reasons of absence or other serious reasons, defend their rights and interests in good time. Representation shall continue until the person concerned appoints his agent or assumes the protection of his rights and interests.
2. The consular officer shall have the right in his consular district to establish and maintain contacts with the nationals of the sending State, in order to advise them, to provide them with all necessary assistance and, where appropriate, to provide legal assistance. The authorities of the recipient State shall in no way prevent a national of the sending State from contacting or visiting the consular office of that State.
The consular officer shall have the right, in accordance with the legislation of the recipient State, to take into custody the money, documents, including wills and any items which are transferred to him by nationals or to nationals of the sending State. Such stored items may be dispatched from the recipient State only in accordance with its laws.
1. Where the freedom of a national of the sending State has been restricted by any means, the competent authorities of the receiving State shall immediately inform the competent consular officer thereof.
2. The consular officer shall have the right, in accordance with the law of the recipient State, provided that those persons, before the consular officer and in the presence of a representative of the local authority, do not expressly object to this, visit and make contact with nationals of the sending State who are in the exercise of their prison sentence. The competent authorities of the beneficiary State shall transmit to the consular officer without delay any written communication from the national of the sending State whose freedom has been restricted in any form.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 33 / 1980 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Turkey |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.03.1980 |
|---|---|
| Effective from | 11.08.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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