Decree of the Minister for Foreign Affairs No. 43 / 1986 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Yemen People's Democratic Republic
Valid
Effective from 18.05.1985
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43
DECLARATION
Minister for Foreign Affairs
of 3 February 1986
on the Consular Convention between the Czechoslovak Socialist Republic and the Yemen People's Democratic Republic
On 23 March 1984 the Consular Convention between the Czechoslovak Socialist Republic and the Yemen People's Democratic Republic was signed in Prague.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instruments of ratification were exchanged in Aden on 18 April 1985.
The Convention entered into force on 18 May 1985 pursuant to Article 54 thereof.
The Czech version of the Convention shall be published simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between
Czechoslovak Socialist Republic and Yemen People's Democratic Republic
Czechoslovak Socialist Republic
and
Yemen's People's Democratic Republic
led by the common objective of maintaining, strengthening and deepening relations in the spirit of friendship and cooperation, on the basis of respect for sovereignty, equality and non-interference in internal affairs,
Desiring to adjust their consular contacts and define the rights, privileges and immunities of their consular offices and members of consular posts and to ensure the protection of their interests and the interests of their citizens,
decide to conclude this Convention and agree as follows:
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" means any person, including the head of the consular post, in charge of carrying out consular functions;
(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) "family members" means the spouse, children and parents of a member of the consular post who live with him in the same household;
(k) "consular rooms" means buildings or parts of buildings and land attached thereto exclusively for the purposes of the consular office, irrespective of who their owner is, including the residence of the head of the consular post;
(l) "consular archives" shall mean all documents, documents, correspondence, books, seals, films, records and registers of the consular office, together with the codes and codes, files and any part of the equipment intended for their protection and storage;
(m) "official correspondence" means all correspondence relating to the consular office and its functions;
(n) "ship of the sending State" means any ship flying the flag of the sending State, with the exception of warships;
(o) "aircraft of the sending State" means any aircraft which has the jurisdiction of the sending State which is registered in that State in accordance with its laws and regulations and bears its designation, with the exception of military aircraft.
Consular contacts in general
Establishment of a consular office
1. Each Contracting Party may, with the agreement of the beneficiary State, establish a consular office within its territory.
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 prior express consent of the beneficiary State shall also be required to establish an office forming part of the consular office located outside the seat of that office.
Citizenship of consular officials
Only a citizen of the sending State who has no permanent residence in the territory of the recipient State may be a consulate official.
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. When maintaining the provisions of this Convention, the formalities for the appointment of heads of consular posts shall be governed by the laws, regulations and practices of the sending State, the formalities for their adoption shall be governed by the laws, regulations and practices of the receiving State.
Consulate patent
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.
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.
Provisional reception of the Head of the consular post
Upon service of the 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.
Notification of consular authorities
As soon as the Head of the consular post is accepted, even on a provisional basis, to perform his duties, the receiving State shall inform the competent authorities of the consular district without delay. It shall also ensure that the necessary measures are implemented so that the Head of the consular post can carry out the duties arising from his office and 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 temporarily vacant, the temporary Head may provisionally act as Head of the consular post. The sending State may entrust the temporary Head of the consular post to the consular officer of that office or of another consular office or member of diplomatic staff of a diplomatic mission.
2. The name of the temporary head of the consular post shall be communicated in advance to the recipient State through diplomatic channels.
3. The temporary Head of the consular post shall be granted the privileges, privileges and immunities enjoyed by the Head of the consular post under this Convention.
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.
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 authority designated by that Ministry:
(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 and, where applicable, 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 residing 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.
Document issued to the consular officer by the receiving State
The competent authorities of the beneficiary State shall issue to the consular officer a document certifying his right to carry out consular functions in the territory of the beneficiary 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 already on its territory, before taking up his duties at the consular office. In any event, the sending State shall withdraw the appointment.
4. In the case referred to in paragraphs 1 and 3 of this Article, the recipient State shall not be obliged to communicate the reasons for its decision to the sending State.
Termination of consular posts
The post of member of the consular post shall end, inter alia:
(a) by notifying the sending State 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.
Consular competence and consular functions
Basic consular functions
The consulate function depends in particular on:
(a) the protection of the rights and interests of the sending State and its citizens and legal persons in the recipient State;
(b) to promote the development of trade, economic, cultural, scientific and tourism relations between the sending and receiving States and other development of friendly relations between them;
(c) in the identification and development of commercial, economic, cultural and scientific life and tourism 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.
Consular function performance
1. A consular officer shall be entitled to perform the consular functions referred to in this Convention 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.
Connection with the authorities of the beneficiary State
Consultative officials may, in the performance of their duties, refer to:
(a) the competent local authorities of their consular district;
(b) the competent central authorities of the beneficiary State, where permitted by the laws, regulations and practices of the recipient State or by the relevant international agreements.
Registration of citizens of the sending State
A consulate official may register citizens of the sending State who have a permanent or temporary residence in its consular district.
Issue of passports and visas
1. The consular officer shall be entitled, in accordance with the laws of the sending State, to issue, renew, amend, revoke, withdraw or retain travel documents of the citizens of the sending State.
2. The consular officer shall be entitled to issue the relevant visas to persons wishing to travel to the sending State and to extend or revoke them.
Notary functions
1. To the extent provided for by the laws and regulations of the receiving State, the consular officer shall be entitled to perform the following functions at the consular office, in the apartment of the citizen of the sending State, on board an aircraft or a ship of the sending State:
(a) to accept, write down and verify the declarations of the citizens of the sending State and the treaties between them;
(b) to write, certify and accept in the custody of the will and other documents and declarations of the citizens of the sending State;
(c) verify the signatures of authorised officials of the authorities of the sending or receiving State and verify copies, extracts and translations;
(d) verify the signatures of the citizens of the sending State;
(e) verify the certificate of origin and the commercial accounts of the goods exported from the beneficiary State as well as other documents;
(f) verify signatures, stamps and documents issued by the competent authorities of the beneficiary State for their use in the sending State;
(g) to receive for safekeeping documents, documents, documents, money and valuables belonging to or intended for the citizens of the sending State.
2. The documents and documents referred to in paragraph 1 of this Article shall have the same validity and powers of proof in the recipient State as documents and documents certified by the competent authority of that State, provided that they do not conflict with the laws and regulations of that State.
Function in personal matters
1. To the extent provided for by the legislation of the sending State, the consular officer shall be entitled:
(a) to marry and issue appropriate documents between the citizens of the sending State;
(b) to obtain birth certificates and death certificates of citizens of the sending State and copies of such documents;
(c) accept declarations concerning the family circumstances of the citizens of the sending State;
(d) receive applications and declarations in respect of citizenship of citizens of the sending State and issue relevant documents.
2. The competent authorities of the beneficiary State shall send to the consular office, without delay and free of charge, copies and matrices relating to the citizens of the sending State on request.
Function in matters of succession
1. The competent authority of the recipient State shall immediately inform the consular office of the sending State of the death of its citizen in the territory of the recipient State and send it a death certificate and provide it with available information on the heirs, heirs and wills as soon as they are available. The competent authorities of the beneficiary State shall inform the consular office of the sending State if they learn that the citizen of the sending State has left the property in a third State.
2. If, in the territory of the beneficiary State of succession, the heir or the eligible participant who is a citizen of the sending State falls, the competent authorities of the receiving State shall immediately inform the consular office of the sending State.
3. The competent authority of the receiving State shall inform the consular office of the sending State of the measures taken to ensure and manage the inheritance left in the territory of the receiving State by the deceased citizen of the sending State. The consular officer may, directly or through an authorised representative, assist in the implementation of measures ensuring the rights of the citizens of the sending State to the inheritance, including the supervision of the carriage of valuable goods, to be carried out in accordance with the legislation of the receiving State.
4. Where the succession is discussed in the territory of the recipient State, the movable or immovable property or the proceeds of the sale of movable or immovable property which belong to the citizen of the sending State as a beneficiary participant, an heir or a referee who does not reside in the recipient State and has not participated in or represented in the proceedings, they shall be issued to the consular office of the sending State for surrender, provided that:
(a) the authorities of the beneficiary State shall consent to the transfer of money or the export of property from that State to the sending State in accordance with the laws and regulations of the recipient State and taking into account the principle of reciprocity;
(b) all inheritance debts have been paid or paid within the time limits laid down by the laws and regulations of the beneficiary State;
(c) fees and inheritance taxes have been paid or paid.
5. If a citizen of the sending State dies during his temporary stay in the receiving State, all his personal belongings and money together with his or her list shall be transferred, after payment of his or her debts, to the consular post, unless the laws and regulations of the receiving State prevent this.
Functions in custody matters
1. The consular officer may, to the extent provided for by the laws and regulations of the recipient State, take over the care of a minor or other citizen of the sending State who is not fully competent for legal action, in particular where such persons are required to have custody and custody.
2. As soon as the authorities of the beneficiary State have become aware of cases where a guardian or guardian for a citizen of the sending State needs to be appointed, they shall notify the competent consular authority in writing.
3. In cases where the management of assets of minors or other persons not having full legal capacity is not ensured, the consular officer may request the competent authorities of the beneficiary State to appoint a manager of such assets or to take appropriate measures.
Representation of citizens of the sending State before the courts and other authorities of the receiving State
1. In accordance with the laws of the recipient State, the consular officer shall have the right to represent or take measures to ensure the appropriate representation of the citizens of the sending State before the courts and other authorities of the receiving State in cases where, in the absence or for other reasons, he is unable to take action in good time to defend his rights and interests. The same applies to legal entities of the sending State.
2. The representation referred to in paragraph 1 of this Article shall cease as soon as the persons represented appoint their agent or ensure that they themselves defend their rights and interests.
Service of judicial and extrajudicial documents and judicial documents
Consultant officials shall be entitled to service judicial and extrajudicial documents and to process legal documents under applicable international agreements or, in the absence of such contracts, in any other way in accordance with the law of the recipient State.
Sea and river transport functions
1. The consular officer may provide assistance in his consular district to ships of the sending State if they are in the internal or coastal waters of the receiving State. The authorities of the beneficiary State shall provide him with the necessary assistance upon request.
2. The consular officer shall have the right to contact the captain, crew members and passengers on board. It may enter the ship, inspect documents, including those relating to the cargo of the ship, the journey and the destination, and investigate events occurring on board the ship. It shall be entitled to take measures in matters relating to navigation provided that they comply with the laws and regulations of the sending State and do not conflict with the laws and regulations of the receiving State.
3. The captain of the ship or the crew member representing it shall have the right to contact the consular officer without special permission if the consular office has its seat in the relevant seaport. If the consular office does not have its registered office, a travel authorisation shall be obtained from the competent authority of the beneficiary State.
4. If the authorities of the beneficiary State intend to carry out an inspection, investigation or enforcement action on board a ship of the sending State, they shall inform the consular officer in advance so that he may be present. If he cannot be present, he shall be sent a detailed report on the implementation of those measures.
5. Where urgent measures are involved or are implemented at the request of the ship's captain, the consular officer shall be informed thereof without delay.
6. Paragraphs 4 and 5 of this Article shall not apply where customs, border and health checks are involved.
7. If the ship of the sending State fails, is stranded, thrown ashore or otherwise damaged in the internal or coastal waters of the receiving State, the competent authorities of the receiving State shall report to the consular officer without delay and inform him of the measures taken to save and protect passengers, crew, cargo and ship.
8. The consular officer may request the competent authorities of the beneficiary State to take measures to save and protect passengers, crew, cargo and ships. Where the events referred to in paragraph 7 of this Article occur, the competent authorities of the beneficiary State shall provide the consular officer with the necessary assistance in preparing and implementing the relevant measures.
Civil aviation functions
Article 25 shall apply mutatis mutandis to civil aircraft of the sending State, unless this is contrary to the laws and regulations of the receiving State.
Other consular functions
The consular officer may perform other consular functions entrusted to him by the sending State which are not provided for in this Convention if the recipient State agrees in advance.
Consular fees and benefits
1. The consular office may charge fees and benefits for consular activities in the territory of the recipient State provided for by the laws and regulations of the sending State.
2. The amounts collected in the form of fees and levies referred to in paragraph 1 of this Article and the receipts for their payment shall be exempt from all taxes and levies in the beneficiary State.
Advantages, privileges and immunities
Facilitating the work of the consular office and protecting consular officials
1. The beneficiary State shall fully facilitate the performance of the functions of the consular office and consular officials and shall take the necessary measures to benefit from the benefits, privileges and immunities provided for in this Convention.
2. The beneficiary State shall treat consular officials with due respect and shall take all appropriate measures to prevent any attack against their persons, freedom or dignity.
Use of national emblem and flag
1. The State emblem and the name of the sending State may be located on the building of the consular office and its entrance in the language of the sending State and the receiving State.
2. The national flag of the sending State may be displayed at the consular office building, the residence of the head of the consular office and its means of transport when used for service purposes.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 43 / 1986 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Yemen People's Democratic Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.06.1986 |
|---|---|
| Effective from | 18.05.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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