Decree of the Ministry of Foreign Affairs No. 36 / 1961 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Romanian People's Republic
Valid
Effective from 24.03.1961
36
DECLARATION
Minister for Foreign Affairs
of 8 April 1961
concerning the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Romania
On 21 May 1960, the Consular Convention between the Czechoslovak Republic and the People's Republic of Romania was signed in Bucharest.
The Convention was approved by the National Assembly on 17 November 1960 and ratified by the President of the Republic on 22 March 1961.
The instruments of ratification were exchanged in Prague on 24 March 1961.
Pursuant to Article 22 thereof, the Convention entered into force on 24 March 1961.
The Czech version of the Convention shall be published simultaneously.
V. Dr Gregor v. r.
CONSULAR CONVENTION
between
Czech Republic and Romanian People's Republic
President of the Czechoslovak Republic and Presidium of the Grand National Assembly of the Romanian People's Republic, led by an effort to further develop, in accordance with the wishes and interests of the people of both countries, mutual relations and universal cooperation, decided to conclude this Convention and appointed their agents:
President of the Czech Republic
Dr Ivan Rohaľa - Iľkiva,
extraordinary and authorised Ambassador of the Czechoslovak Republic to the People's Republic of Romania
The President
Aurela Mälnäsana,
Deputy Minister for Foreign Affairs,
who, after submitting their full powers to each other, were found to be in the proper order and in the prescribed form, agreed on the following:
I. Establishment of consulates, broadcasting and reception of consulates
1. Each Contracting Party shall have the right to establish, within the territory of the other Contracting Party, consulates-general, consulates-consulates and consulates-general (hereinafter referred to as consulates) and to broadcast to the Consul-General, consuls, consuls and consular agents (hereinafter referred to as consuls).
2. The Parties shall mutually agree on the seats of the consuls and their consular districts.
1. Before the appointment of a consul, the sending State shall ask the State receiving the consent of its person.
2. The consulate shall commence its activities on presentation of the consular patent and on the granting of exequatur by the recipient State. The consulate patent shall contain the name and surname of the consul, his consular rank, his place of residence and the circumference of his activity.
3. After the exequatur has been granted, the authorities of the beneficiary State shall take all necessary measures to enable the consul to carry out his duties and to enjoy the rights, privileges and benefits conferred upon him by this Convention and the rule of law of the recipient State.
1. The activities of the consuls shall be terminated by appeal or death.
2. In the event of an appeal, absence, illness or death of a consul, the temporary management of the consulate shall be the responsibility of its representative, whose name being notified to the competent authorities of the beneficiary State.
3. The representative of the consul shall enjoy all the rights, privileges and benefits conferred upon this Convention at the time of the consul's duties.
1. Consuls must be citizens of the sending state.
2. Consultations in their activities shall assist:
(a) professional consular staff who must also be citizens of the sending State;
(b) auxiliary forces considered to be those carrying out administrative technical work (interpreter, translator, typist, driver, telephone operator, janitor and other persons carrying out similar work).
II. Rights, privileges and privileges
Consulate and professional consular staff shall not be subject to the authority of the authorities of the beneficiary State in their official capacity.
1. Consultant and professional consular staff shall be required to give evidence of matters which do not concern their professional activities when calling the authorities of the beneficiary State. Such summons shall not contain coercive measures.
2. Where consular or professional consular staff cannot appear before the authorities of the recipient State for official or other reasons, the hearing may be carried out at the consulate or at their flat.
1. Consular offices, archives and official correspondence, including telegrams, telephones and telex, shall be inviolable. Personal items and correspondence shall be kept separately. Consuls have the right to use cipher and diplomatic mail.
2. The authorities of the beneficiary State may not take enforcement measures in the service rooms of the consulate as well as in the apartments of the consuls and professional consular staff.
Consuls shall have the right to place on buildings in which the official rooms of the consulate, the emblem of the sending State and a sign indicating the Office. They shall have the right to raise the flag of the sending State on those buildings and on the commercial vehicles used.
1. Consulate and professional consular staff shall be exempt from all personal and material performance on a reciprocal basis. This exemption also applies to real estate used by them as residential or business premises.
2. The income of those persons who derive from their activities shall be exempt from taxes and charges.
3. The exemptions referred to in paragraphs 1 and 2 of this Article shall also apply to the consulate's auxiliary forces if they are citizens of the sending State.
4. The real estate of the sending State intended to accommodate consulates and consulate staff shall be exempt from tax.
1. The consuls shall enjoy, on a reciprocal basis, the same customs exemption as the beneficiary State grants to the staff of the diplomatic representative offices.
2. Articles intended for the official activities of the consulate shall enjoy full customs exemption.
The provisions of Articles 9 and 10 shall also apply to the wives of the persons referred to in each of the articles and to their minor children living with them in the common household, where they are citizens of the sending State.
III. Powers of the Consul
The consuls help in their consular district to develop the political, economic and cultural contacts of both countries in general.
1. Consuls have the right to defend in their consular district the rights and interests of the sending State as well as its citizens and legal persons.
2. Consuls may, in their professional activities, contact the competent authorities and institutions within their area of competence and ask them for assistance in carrying out their tasks.
1. Consuls shall be entitled in their consular district to take action in courts without special authority to defend the rights and interests of citizens and legal persons of the sending State and to represent them against other authorities if they are absent or for other reasons unable to protect their rights and interests in good time.
2. The authorisation of the consuls referred to in paragraph 1 of this Article shall be terminated if the person represented by the consulate itself or if he appoints his agent.
1. Consuls shall have the right to keep records of the citizens of the sending State who are permanently or temporarily present in their constituency. The provisions of the beneficiary State on registration of foreign nationals shall remain unaffected.
2. Consuls may issue travel documents to citizens of the sending State, extend and extend their validity, as well as make the necessary additions and amendments.
3. Consuls may issue all visas to the sending State.
Consultations shall be entitled to take place at the consulate, in their own flat or in the apartment of the citizens of the sending State, as well as on ships or aircraft carrying the flag or sovereign designation of the sending State, provided that they are permitted by the law of the receiving State and that their content is not contrary to the social and economic order of the two Contracting Parties:
(a) to draw up or legalise a statement from the citizens of the sending State;
(b) to write, verify and hide wills or other acts of unilateral legal action of the 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 instruments of law relating to the establishment, modification, disposal or revocation of property rights 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 to matters to be implemented in the territory of the sending State;
(e) verify the signatures of the citizens of the sending State in all forms, verify documents originating from the authorities or official persons of the sending or receiving State and verify their copies, translations and extracts thereof;
(f) to receive money and valuable items from citizens of the sending State for safekeeping; the relevant legislation of the beneficiary State remains unaffected;
(g) other acts for which they are empowered by the sending State.
The written, legalised and certified documents, copies, translations and extracts referred to in Article 16 shall have the legal effect and powers of proof in the beneficiary State, such as those drawn up, translated, validated or legalised by the competent authorities and by the official persons of the beneficiary State.
1. They may be married and registered before the consul if the two persons who marry are citizens of the sending state. The conclusion of marriages and the issuing of documents shall be carried out in accordance with the laws of the sending State.
2. Consuls shall have the right to register, in accordance with the rules of the sending State, the birth and death of the citizens of the sending State and to issue appropriate certificates thereof.
3. The authorisations of the consuls referred to in this Article shall not affect the relevant provisions of the Contracting Parties.
1. Consuls shall have the right to provide assistance, in person or through their agents, to ships flying the flag of the sending State and located in the ports of their consular districts.
2. Consuls may come into contact with the crew of the ship and passengers, verify the ship's charter and draw up cargo documents, the purpose of the journey and the incidents on the ship. The consuls shall assist the master of the ship to maintain order on the ship and, at the request of the consul, the competent authorities of the receiving State shall provide him with the necessary assistance.
3. Where the authorities of the beneficiary State intend to implement enforcement measures on commercial ships of the sending State, such measures may not be implemented without prior notification of the consul. The consultation shall have the right to be present in the implementation of such measures. This right shall not apply to port, customs, passport and health checks on ships, crew and passengers.
4. The competent authorities of the other Contracting Party shall immediately inform the Consul of the accidents and the shipwreck of one of the Contracting Parties and inform him of the measures they have taken. They shall also provide the Consul with the necessary assistance in taking action in connection with the ship's accident and inviting him to take the necessary measures to identify the causes of the accident or the shipwreck and to provide evidence.
5. In the event of accidents or damage to a ship of the sending State, the Consul may take or request measures to provide assistance to crew members and passengers and to protect cargo and repair the ship.
6. Consuls may accompany the master of ships to the courts and administrative offices of the recipient State and assist them in drawing up declarations.
The provisions of Article 19 of this Convention shall also apply mutatis mutandis to aircraft.
IV. Final provisions
The provisions of this Convention on the Rights and Obligations of Consumers shall be applied equally to staff of diplomatic representative offices in charge of carrying out the consultative function. This shall be without prejudice to the diplomatic privileges and immunities of those staff of the diplomatic representative offices.
This Convention shall be ratified. It will take effect on the date of the exchange of the instruments of ratification, which will be carried out in Prague.
This Convention is concluded for a period of five years. It shall remain in force for five more years, unless one of the Contracting Parties makes written submissions six months before the expiry of the current period of its wish to terminate the Convention.
Written in Bucharest on 21 May 1960 in duplicate, each in the Czech and Romanian languages, the two texts being equally authentic.
From the power of attorney
President of the Czech Republic
Dr Rohaž v. r.
From the power of attorney
The President
A. Mälnäsana v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 36 / 1961 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Romanian People's Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.1961 |
|---|---|
| Effective from | 24.03.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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