Decree of the Minister for Foreign Affairs No. 42 / 1983 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia
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Effective from 10.10.1982
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42
DECLARATION
Minister for Foreign Affairs
of 14 October 1982
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia
On 10 December 1981 the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Federative Republic of Yugoslavia was signed in Prague.
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 Belgrade on 10 September 1982.
The Convention entered into force on 10 October 1982 pursuant to Article 59 thereof. This date expired the Convention on Consular Relations between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia of 24 June 1963, published in Sb.
The Czech version of the Convention shall be published simultaneously.
First Deputy:
Greece
CONSULAR CONVENTION
between
Czechoslovak Socialist Republic
and
Socialist Federative Republic of Yugoslavia
Czechoslovak Socialist Republic
and
the Socialist Federal Republic of Yugoslavia,
Desiring to develop and expand consular relations and to contribute in this way to the further development of friendly relations between the two countries and to the protection of their national interests and the rights and interests of their nationals,
have decided to conclude this Consular Convention and have appointed their agents:
Czechoslovak Socialist Republic
Dr. Dusan slept,
Deputy Minister for Foreign Affairs
the Czechoslovak Socialist Republic,
Socialist Federal Republic of Yugoslavia
Miodraga Vlahovich,
extraordinary and authorised ambassador
Socialist Federative Republics of Yugoslavia
in the Czechoslovak Socialist Republic,
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, 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 the person, including the head of the consular post, responsible for carrying out consular functions;
(e) "consular staff" shall mean a person employed in the administrative, technical or domestic services of the consular office;
(f) "members of consular staff" shall mean consular officials, excluding the head of the consular post and consular staff;
(g) "members of the consular post" shall mean consular officials and consular staff;
(h) "member of private staff" means a person employed exclusively in the private service of a member of the consular post;
(i) "family members" means the spouse, children and parents of a member of the consular post, provided that they live in the common household of a member of the consular post;
(j) "nationals" are natural and legal persons;
(k) "consular rooms" shall mean buildings or parts of buildings and land belonging thereto which are used exclusively for the purposes of the consular office, irrespective of who the owner is;
(l) "consular archives" means the documents, documents, correspondence, books, films, recording tapes and registers of the consular office, together with the codes, codes and cabinets and equipment intended for their protection and storage;
(m) "official correspondence" means correspondence relating to the consular office and its functions;
(n) "ship of the sending State" means any vessel flying the flag of the sending State in accordance with the legislation of that State, with the exception of warships;
(o) "aircraft of the sending State" means any aircraft bearing the State's state characteristics which is registered in that State in accordance with its legislation, with the exception of military aircraft.
Establishment of consular posts and appointment of consular officials and consular staff
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 class and consular district shall be determined by the sending State and shall be subject to the approval of the recipient State.
3. Later changes to the seat of the consular office, its class or the change of the consular district may be made by the sending State only with the consent of the receiving State.
4. The prior explicit consent of the beneficiary State shall also be required for the establishment of an office forming part of the consular post, but which is located outside its seat.
Only a citizen of the sending State may be a consulate official.
1. The Head of the consular post shall be appointed by the sending State and accepted to perform his duties by the receiving State.
2. Before sending a Head of the consular post, the sending State shall seek the consent of the receiving State through diplomatic channels with regard to the proposed person.
1. The sending State shall provide the Head of the consular post with a document in the form of a patent or a similar document drawn up for each appointment separately, certifying its function and indicating 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.
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 exequatur, whatever the form of admission is.
2. Upon presentation of a patent or other similar document appointing the head of the consular post, the recipient State shall issue exequatur without delay.
3. A State which refuses to provide exequatur shall not be obliged to inform the sending State of the reasons for its refusal.
Pending the granting of exequatur, 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 to it.
As soon as the Head of the consular post is accepted to perform his duties, even on a provisional basis, the recipient State shall immediately inform the competent authorities of the consular district thereof and take appropriate measures to enable the Head of the consular post to carry out the duties arising from his office and to enjoy the rights, privileges and immunities arising from this Convention.
1. If, for any reason, the Head of the consular post cannot perform his duties or is temporarily vacant as Head of the consular post, the sending State may delegate the post of temporary Head of the consular post to the consular officer of that office or any other consular office of the sending State in the receiving State or a member of diplomatic staff of the diplomatic mission of the sending State in the receiving State.
2. The full name of the person entrusted within the meaning of paragraph 1 of this Article, acting as Head of the consular post on a temporary basis, shall be communicated to the Ministry of Foreign Affairs of the beneficiary State.
3. The temporary Head of the consular post shall be granted the rights, privileges and immunities enjoyed by the Head of the consular post under this Convention.
1. The sending State shall notify the receiving State without delay by diplomatic means:
(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 position 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 in the same household as a member of the consular post and, where applicable, cases where a person becomes or ceases to be a member of the family;
(c) the arrival and final departure of members of private staff and, where applicable, the termination of their service in that capacity;
(d) admission to employment and the release of permanent residents in the recipient State as regards members of the consular post or members of private staff.
2. Whenever possible, arrival and final departure shall also be notified in advance in writing.
1. The beneficiary State shall issue to each consular officer, free of charge, a document certifying its identity and function.
2. The provisions of paragraph 1 of this Article shall also apply to consular staff, except where they are nationals of a beneficiary State resident in the beneficiary State.
3. The provisions of paragraph 1 of this Article shall also apply to members of the family of the members of the consular post, except where they are nationals of the recipient State or nationals of the sending State who are resident in the recipient State or where they are engaged in a gainful activity in that State.
1. The receiving State may at any time, without giving any reason for its decision, notify the sending State by diplomatic channels that a 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, depending on the nature of the case, withdraw the person concerned, terminate his duties at the consular office or revoke his appointment.
2. If the sending State refuses or omits to comply within a reasonable period of time with the obligations it has pursuant to paragraph 1 of this Article, the receiving State may, depending on the nature of the case, withdraw the exequatur person concerned or cease to consider him as a member of the consular staff.
The post of member of the consular post shall end, inter alia:
(a) a written notification by the sending State to the receiving State that its functions have ceased;
(b) by exequatur;
(c) a written notification by the recipient State to the sending State that the person receiving the State has ceased to be considered as a member of consular staff in cases foreseen in Article 12 (2).
Advantages, privileges and immunities
1. The receiving State shall fully facilitate the performance of its functions by the consular office and the consular officials and shall take the necessary measures to enjoy the rights, privileges and immunities set out in this Convention.
2. The beneficiary State shall treat the members of the consular post with due respect and shall take all appropriate measures to ensure the protection of their personality, freedom and dignity.
1. The sending State shall have the right to place at the consular office building and at the residence of the head of the consular post a national emblem and their designation in the language, respectively, in the languages of the sending State and in the language used at the consular office headquarters.
2. The flag of the sending State may be displayed at the consular office building, at the residence of the head of the consular post and at its means of transport when used for its service purposes.
3. The laws, regulations and practices of the beneficiary State shall be taken into account in the exercise of the right under this Article.
1. The sending State shall have the right, in accordance with the laws of the receiving State, to acquire, hire or otherwise use land, buildings or parts of buildings for the needs of the consular office or for the accommodation of members of the consular post who are citizens of the sending State.
2. The receiving State shall provide all necessary assistance to the sending State for the purposes referred to in paragraph 1.
3. The sending State shall not be deprived of the obligation to comply with the legislation on construction, zoning and urban planning or other restrictions applicable to the area in which such land, buildings or parts of buildings are located.
1. The consulate rooms are untouchable. The authorities of the receiving State may not enter them without the consent of the Head of the consular post, the Head of the diplomatic mission of the sending State or the person authorised by one of them. However, in the event of a fire or other disaster likely to endanger human lives, it may be assumed that the consent of the head of the consular post has been given.
2. The beneficiary State has a special obligation to take all appropriate measures to protect the consular rooms from intrusion or damage and to prevent any interference or damage to the dignity of the consular post.
3. The consulate rooms of the Office, their facilities and other property in them may not be subject to inspection, props, seizure or execution.
Consular archives and documents are always untouchable wherever they are found.
1. The sending State shall be exempt from all taxes, levies and charges in the receiving State:
(a) from land, buildings and parts of buildings used for consular purposes or as dwellings of members of the consular post, provided that they are owned or hired on behalf of the sending State;
(b) contracts and instruments relating to the acquisition of immovable property referred to in (a) of this paragraph;
(c) the performance of consular functions, including the collection of consular fees and charges.
2. The sending State shall also be exempt in the recipient State from all taxes, levies and charges on movable property owned or held by the sending State and intended solely for consular purposes.
3. The exemption from taxes, levies and charges provided for in this Article shall not apply to the remuneration of the services proven.
1. Consultants and consular staff shall not be subject to the judicial or administrative jurisdiction of the authorities of the beneficiary State for acts performed in the performance of consular functions.
2. However, paragraph 1 of this Article shall not apply to civil proceedings:
(a) relating to a contract which has not been concluded by a consular official or staff member on behalf of the sending State;
(b) an inheritance where the consular officer or staff member does not act on behalf of the sending State but as a private person;
(c) initiated by a third party for damages caused by an accident caused in the recipient State by a vehicle, ship or aircraft;
(d) any professional or commercial activity carried out by a consular officer or an employee in the recipient State outside the scope of his or her duties.
1. A consular officer may not be detained, taken into custody, imprisoned or otherwise deprived of liberty for acts committed outside the exercise of his duties, except in cases of criminal proceedings for an offence to which the law of the recipient State provides for a lower limit of the criminal penalty of 5 years or more, only by decision of the competent judicial authority or by a final judicial decision.
2. Where a court or other competent authority of the recipient State intends to take into custody or initiate criminal proceedings against a consular officer, it shall inform the Head of the consular post thereof and, if this measure is to be applied to the Head of the consular post, the diplomatic mission of the sending State. Such information shall be given as far as possible before the initiation of the proceedings so that the head of the consular office or other consular officer may be present.
3. If the head of the consular post or other consular official has not been present, the competent authority of the recipient State shall provide the consular office with complete information on the procedure carried out.
4. Where criminal proceedings are opened against a consular officer, the consular officer shall be obliged to appear before the competent authority. However, the procedure shall be conducted with due regard to the consular officer, taking into account his / her official status and except in the cases referred to in paragraph 1 of this Article, in a manner which would as far as possible disrupt the performance of consular functions. Where, in the circumstances referred to in paragraph 1 of this Article, there is a need to take a consular officer into custody, proceedings against him shall be brought as soon as possible.
5. In the event of arrest or detention in the custody of a member of the consular post or of the opening of criminal proceedings against him, the competent authority of the recipient State shall inform the Head of the consular post thereof as soon as possible. Where those measures concern the Head of the consular post, the beneficiary State shall notify the sending State through diplomatic channels.
1. Members of the consular post may be invited to appear as witnesses to judicial or administrative proceedings. Where a consular officer refuses to give evidence in such proceedings, no enforcement measures or other penalties may be applied against him. Consultant staff may not, except in the cases referred to in paragraph 3 of this Article, refuse to give evidence.
2. The provisions of paragraph 1 of this Article, applicable to consular officials and consular staff, shall apply mutatis mutandis to members of their families.
3. Members of the consular office and their family members shall not be obliged to give evidence of the facts relating to the performance of their duties or to submit official correspondence or documents. They shall also have the right to refuse testimony as experts in the law of the sending State.
4. When taking the testimony of a member of the consular post, the competent authorities of the recipient State shall take all necessary measures to ensure that the consular officer does not restrict or harm his seriousness and dignity in the performance of consular functions. Such evidence may, whenever possible, be submitted orally or in writing at the consular office or at the apartment of the consular post member concerned.
1. The sending State may waive the immunity referred to in Articles 20 and 21 of this Convention with a member of the consular post.
2. The surrender of immunity shall always be explicit, except in paragraph 3 of this Article, and shall be communicated in writing to the recipient State.
3. Where a consular official or consular staff commences proceedings in cases where he would benefit from judicial immunity under Article 20 of this Convention, he may not rely on immunity in respect of any counter-action directly linked to the main action.
4. The waiver of immunity in respect of a civil action or an application in an administrative procedure shall not mean waiving the immunity in respect of the execution of a decision to be waived separately.
The receiving State shall exempt members of the consular post and their family members from all personal services, public services of any kind and military duties such as props, military contests and military accommodation.
1. Consulate officials, consular staff and members of their families shall be exempt from all obligations imposed by the laws and regulations of the recipient State in respect of registration of foreigners, residence permits, work permits and other formalities generally applicable to foreigners.
2. However, the provisions of paragraph 1 of this Article shall not apply to members of the consular post who are nationals of or who are resident in the recipient State or who are engaged in a private gainful activity in the recipient State or their family members.
1. The members of the consular post shall be excluded from the provisions on social security in force in the recipient State in respect of the services they perform for the sending State and their family members, subject to paragraph 3 of this Article.
2. The exemption referred to in paragraph 1 of this Article shall also apply to members of private staff employed exclusively with members of the consular post, provided that:
(a) that they are not nationals of or resident in the beneficiary State;
(b) they are subject to the social security provisions in force in the sending or in a third State.
3. Members of the consular post who employ persons not covered by the exemption referred to in paragraph 2 of this Article shall fulfil the obligations imposed on employers by the provisions on social security of the recipient State.
4. The exemption provided for in paragraphs 1 and 2 of this Article shall not preclude voluntary participation in the social security scheme of the beneficiary State, provided that participation in it is permitted by the beneficiary State.
1. Consumers and consular staff and their family members shall be exempt from all taxes and charges, whether personal or in-kind, state or local, except:
(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 19 of this Convention;
(c) inheritance, transfer and donation fees levied by the recipient State, subject to the provisions of Article 29 (b) of this Convention;
(d) taxes and charges on private income of all kinds originating in the beneficiary State;
(e) taxes and charges levied on the provision of special services;
(f) registration, judicial, mortgage and administrative charges, subject to the provisions of Article 19 of this Convention.
2. Members of the consular post who employ persons whose salaries or wages are subject to taxation in the recipient State must fulfil the obligations imposed by the laws and regulations of that State on the employer as regards the collection of income tax.
1. The beneficiary State shall, in accordance with the laws and regulations which it may issue, authorise imports and grant exemptions from all customs duties, taxes and other charges levied on or in connection with imports, except for storage, transport and similar services:
(a) for articles, including motor vehicles, intended for the official use of the consular office;
(b) for all items intended for the personal use of consular officers and their family members, including motor vehicles and articles intended for their installation. Consumer articles may not exceed the quantity required for direct consumption by the persons concerned.
2. Consultant staff shall enjoy the privileges and exemptions referred to in paragraph 1 of this Article, if they are articles, including motor vehicles, imported on their first entry into office.
3. The personal luggage of consular officers and their family members 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 point (b) of paragraph 1 of this Article, or objects whose import or export is prohibited by the laws and regulations of the recipient State or which are subject to its laws and regulations on quarantine. Such inspection may only be carried out in the presence of a consular officer or his family member.
In the event of the death of a member of the consular post or of a member of his family by the recipient State:
(a) authorise the export of movable property of the deceased, with the exception of property acquired in the recipient State, whose export is prohibited at the time of death;
(b) it shall not levy any national or local inheritance or property transfer fees if it is a movable property which has been in the territory of the recipient State only as a result of the residence of the deceased in that State as a member of the consular post or a member of the family of a member of the consular post.
1. The beneficiary State shall allow and protect the freedom to connect the consular office for all official purposes. When connected to the government, diplomatic missions and other consular authorities of the sending State, wherever they are, the consular office may use all appropriate means of communication, diplomatic or consular couriers, diplomatic or consular baggage and unencrypted or encrypted messages. The consulate may establish and use a radio station only on the basis of the prior consent of the recipient State.
2. When using public fasteners, they will apply the same conditions to the consular office as to the diplomatic mission.
3. Official correspondence of the consular office shall be inviolable.
4. The consular baggage shall not be opened or detained. However, if the competent authorities of the beneficiary State have serious grounds to believe that the baggage contains anything other than official correspondence, documents or other objects intended exclusively for official use, they may request that the baggage be opened in their presence by an authorised representative of the sending State. If the authorised representative of the sending State rejects such a request, the baggage shall be returned to the place of origin.
5. Consignments constituting consular baggage shall be sealed, bear a clear external indication of their nature and may contain only official correspondence, documents and articles intended solely for the official use of the consular office.
6. The consular courier shall be provided with an official document indicating its status and indicating the number of consignments constituting consular baggage. The consular courier may not be a national of the recipient State or have permanent residence in that State. The receiving State shall provide protection to the consular courier in the performance of his duties. The consular courier shall enjoy personal integrity and shall not be detained or subjected to any form of restriction or deprivation of liberty.
7. Consular baggage may be entrusted to the ship's captain or aircraft to land at the authorised entry point. The captain shall be provided with an official document indicating the number of consignments forming consular baggage but shall not be considered as a consular courier. In agreement with the competent local authorities, the consular office may instruct one of its members to take the said baggage directly and freely from or to hand it over to the captain of the ship or aircraft.
1. With the exception of laws and regulations relating to areas where entry is prohibited or specifically regulated for reasons of national security, the recipient State shall ensure the freedom of travel and movement within its territory to members of the consular post and their family members.
2. The provisions of this Article shall not affect the conditions laid down for the issue of visas or other travel documents under the legislation of the beneficiary State.
Consular functions
1. A consular officer shall be entitled to perform the functions referred to in this Convention in the consular district in accordance with the legislation of the recipient State.
2. The consular officer may, with the consent of the recipient State, perform consular functions outside the consular district.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 42 / 1983 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.04.1983 |
|---|---|
| Effective from | 10.10.1982 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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