Decree No 44 / 1981 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Tunisia
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Effective from 21.02.1981
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44
DECLARATION
Minister for Foreign Affairs
of 9 February 1981
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Tunisia
On 12 April 1979, the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Tunisia was signed in Tunis.
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 22 January 1981.
Pursuant to Article 53 of the Convention, the Convention entered into force on 21 February 1981.
The Czech version of the Convention shall be published simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Republic of Tunisia
Czechoslovak Socialist Republic
and
Republic of Tunisia
Desiring to develop friendly contacts based on the principles of respect for sovereignty, national independence, non-interference in internal affairs, equality and mutual benefit,
Desiring to adjust consular contacts, to facilitate the protection of their interests and the interests of their citizens, and to lay down the rights and obligations, privileges and immunities of the consular offices of their countries,
Confirming that the provisions of the Vienna Convention on Consular Relations of 24 April 1963 continue to govern matters which are not expressly covered by the provisions of that Convention,
have decided to conclude the Consular Convention and have appointed for that purpose their agents:
President of the Czechoslovak Socialist Republic:
Bohuslav Puppy,
Minister for Foreign Affairs,
President of the Republic of Tunisia:
Mohamed Fituri
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, 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" shall mean the person empowered to act in that capacity;
(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) "consular staff" means consular officials, excluding the Head of the consular post, consular staff and staff;
(i) "member of private staff" means any person employed exclusively in the private service of a member of the consular post;
(j) "family member" shall mean the spouse, minor child and the father or mother of a member of the consular post or of his spouse who lives in his household and whom the member of the consular post nourishes;
(k) "consular rooms" means 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" shall mean all documents, documents, correspondence, books, films, recording tapes and registers of the consular office, together with the codes, cartons and 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, in respect of Article 49 of this Convention, any vessel having the nationality of the sending State designated under its law.
Implementation of consular contacts
1. The Consultative Office may be established in the territory of the beneficiary State only with the consent of that State.
2. The seat of the consular office, its classification and the boundaries of the consular district shall be determined by the sending State and shall be subject to the approval of the recipient State.
3. A later change in the seat of the consular office, its classification or the border 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, which shall be located outside the seat of that office.
1. Only a citizen of the sending State may be a consulate official. At the time of his appointment, he may not reside in the recipient State or reside in the territory of that State for the purpose of pursuing another profession.
2. Only members of the sending State or recipient State may be consular staff and staff.
The Head of the consular posts shall be appointed by the sending State and accepted to perform his duties by the receiving State.
1. The sending State shall provide the Head of the consular office, the Consul General, the Consul General or the Vice-Consul with a patent, drawn up for each appointment separately, certifying his or her function and indicating, as a general rule, his or her full name, class, consular district and seat of the consular post.
2. The sending State shall send the patent through diplomatic channels to the Government of the receiving State.
1. The Head of the consular post referred to in the previous Article shall be admitted to the performance of his duties on the basis of the acceptance of the beneficiary State called exequatur.
2. A State which refuses to provide exequatur shall not be obliged to inform the sending State of the reasons for its refusal.
The Head of the consular post may be accepted on a provisional basis for the performance of his duties until he is granted exequatur. In that case, the provisions of this Convention shall apply to it.
As soon as the Head of the consular post is accepted for the performance of his duties, whether provisionally or ad interior, the receiving State shall immediately inform the competent authorities of the consular district and take appropriate measures to enable the Head of the consular post to carry out the duties arising from his office and to benefit from this Convention.
1. If the Head of the consular post is unable to perform his duties or if the post of Head of the consular post is vacant, the post of temporary head of the consular post may be entrusted to the consular officer of that office or other consular office of the sending State in the recipient State or to the diplomatic representative of the diplomatic mission of the sending State in the recipient State.
2. The name of the person in charge of the temporary management under the provisions of the previous paragraph shall be communicated provisionally to the Ministry of Foreign Affairs of the beneficiary State.
3. The consular officer responsible for temporary management shall enjoy the privileges, immunities and privileges of the Head of the consular post under this Convention.
1. The sending State shall notify the Ministry of Foreign Affairs of the receiving State:
(a) the appointment of members of the consular post, the arrival of appointed members of the consular post at the consular post, their final departure or termination of their duties, and any other changes concerning their status which may arise during their service at the consular office;
(b) the arrival and final departure of a member of the family of a member of the consular post living in his household and, where applicable, where a person becomes or ceases to be a family member;
(c) the arrival and final departure of members of private staff and, where applicable, the termination of their service in that capacity;
(d) the admission and release of members of the consular post or of members of private staff entitled to privileges and immunities, if they are persons residing in the recipient State.
2. Whenever possible, arrival and final departure shall also be notified in advance in writing.
The sending State shall determine the number of members of the consular post, taking into account the importance of that office and the needs of the normal development of its activities; the recipient State may nevertheless require that the number of consular staff be maintained within the borders which it considers reasonable and normal, taking into account the conditions in the consular district and the needs of the consular office.
Members of the consular post shall not engage in any business or other gainful activity in the recipient State.
1. The receiving State shall, free of charge, issue to each consular officer a document certifying its identity and function.
2. The provisions of paragraph 1 of this Article shall also apply to consular staff and to members of staff, except where they are nationals of or have their permanent residence in the territory of 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, have their permanent residence in the territory of that State or have a private gainful activity there.
The post of member of the consular post shall end in particular:
(a) a written notification by the sending State to the receiving State that the post of member of the consular post has ceased;
(b) by exequatur;
(c) by notifying the receiving State to the sending State that the receiving State has ceased to consider the person as a member of the consular post.
2. The receiving State may at any time notify the sending State that a consular officer is persona non grata or that a consular staff member is unacceptable. In such a case, the sending State shall, depending on the nature of the consular officer's case, withdraw or terminate the activities of a consular staff member or member of the staff of the consular post.
3. If, within a reasonable period of time, the sending State fails to fulfil its obligations under this communication, the receiving State may, depending on the nature of the case and after having notified its decision by diplomatic means to the sending State, the Head of the consular post, withdraw the exequatur or the person concerned from being considered as a member of the consular staff.
4. In the cases referred to in paragraphs 2 and 3 of this Article, the receiving State shall not be obliged to inform the sending State of the reasons for its decision.
Advantages, privileges and immunities
1. The receiving State shall fully facilitate the performance of the functions of consular and consular officials and shall take the necessary measures to enable them 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 their protection, freedom and dignity.
1. The State emblem of the sending State, together with the designation of the consular post in the languages of the two Contracting Parties, may be located on the building in which the consular office is based and on the residence of the head of the consular post.
2. The flag of the sending State may be displayed at the consular office building, the headquarters of the head of the consular office and its means of transport when used for service purposes.
3. In exercising the right provided for in this Article, account shall be taken of the laws, regulations and practices of the beneficiary State.
1. The sending State may, in accordance with the laws of the receiving State, acquire, hire or use, in whatever form provided for in that legislation, 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 sending State shall not be deprived of the obligation to comply with the legislation of the beneficiary State on construction and zoning or other restrictions applicable to the area in which the land, buildings or parts of buildings are located.
1. The rooms of the consular office and the seat of the head of the consular office shall be untouchable.
2. The authorities of the beneficiary State may enter the consular rooms and the headquarters of the Head of the consular post only with the permission 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 requiring immediate protective action, it may be assumed that the consent of the head of the consular post has been given.
3. The receiving State shall be obliged to take all appropriate measures to protect the rooms of the consular post from intrusion or damage and to prevent any interference or damage to the dignity of the consular post.
4. Consular rooms whose equipment and other property of the consular office and its means of transport are not subject to any form of requisition for the purposes of national defence or public needs. Where expropriation is necessary for those purposes, all possible steps shall be taken to avoid disruption of consular functions and immediate, proportionate and effective compensation shall be paid to the sending State.
Consular archives and documents are always untouchable wherever they are found.
1. In accordance with the provisions of the laws and regulations of the beneficiary State, the sending State in the recipient State shall be exempt from all taxes and charges as regards:
(a) the acquisition or use of land, buildings or parts of buildings intended for the official purposes of the consular office or as dwellings of consular officials and consular staff who are not nationals of the recipient State or who are not resident in that State;
(b) the construction of buildings or parts of buildings for that purpose;
(c) ownership or possession of land, buildings or parts of buildings for that purpose;
(d) the acquisition, ownership, possession or use of all movable property, including means of transport, intended or used solely for the official purposes of the consular office.
2. The exemption provided for in paragraph 1 of this Article shall not apply to taxes and charges fixed or levied for proven services.
3. The exemption provided for in paragraph 1 of this Article shall not apply to taxes and charges to be paid under the legislation of the beneficiary State by persons entering into a contractual relationship with the sending State.
1. Consultants and consular staff shall not be subject to the judicial or administrative jurisdiction of the recipient State in respect of the performance of consular functions.
2. However, paragraph 1 of this Article shall not apply to civil proceedings:
(a) arising from a contract which has not been concluded explicitly or consistently on behalf of the sending State or an inheritance contract in the event that the consular officer or consular staff does not act as a sending State but as a private person;
(b) concerning liability for damage caused in the recipient State to third parties in the operation of a vehicle, ship or aircraft.
1. Consulate officials may not be arrested or otherwise deprived of their liberty or restricted to them, except where they are accused by the competent judicial authority of the recipient State of committing a serious crime or are thus committed by a final judicial decision.
2. "serious criminal offence" shall mean any offence within the meaning of this Article for which the law of the beneficiary State provides for a custodial sentence of at least five years.
3. Where criminal proceedings are opened against a consular officer, the consular officer shall be obliged to appear before the judicial authorities. The proceedings shall be conducted in a manner which would as a minimum undermine the performance of consular functions, taking into account its official status. Where, in the circumstances referred to in paragraph 1 of this Article, a consular officer must be brought into custody or otherwise restrict his personal freedom, proceedings against him shall be initiated as soon as possible.
4. In the case of actions aimed at limiting the freedom of a member of the consular post or in the case of criminal prosecution, the recipient State shall inform the head of the diplomatic or consular post as soon as possible.
1. Members of the consular post may be invited to appear as witnesses to judicial or administrative proceedings. If the consular officer refuses to give evidence, no enforcement measures or penalties may be applied against him.
Consuls and members of staff may not, except in the cases referred to in paragraph 3 of this Article, refuse to give evidence.
2. The authority of the recipient State requesting the testimony must ensure that it does not restrict the consular officer in the performance of his duties. He may accept his testimony at or from the consular office.
3. Members of the consular post shall not be required to give evidence of the facts relating to the performance of their duties or to submit official correspondence or other documents relating to the performance of their duties.
4. Members of the consular post need not act as experts in the national law of the sending State.
1. Consular staff and members of the staff of the consular post who are nationals of the recipient State or nationals of the sending State residing in the recipient State shall enjoy only the immunity and privileges provided for in Article 21 (1) and Article 23 (3) of this Convention.
2. The members of the family of the members of the consular post shall enjoy, as appropriate, privileges granted to members of the consular post, except where they are nationals of the recipient State or persons domiciled therein or engaged in private employment.
3. The receiving State shall exercise its jurisdiction over the persons referred to in paragraphs 1 and 2 of this Article in such a way as not to impede the activities of the consular office.
1. The sending State may waive the privileges and immunities referred to in Articles 21 and 22 of this Convention with a member of the consular post.
2. The surrender of privileges and immunities shall, except in paragraph 3 of this Article, always be explicit and shall be communicated in writing to the recipient State.
3. If a member of the consular post initiates proceedings in a case in which he enjoys an exemption from jurisdiction pursuant to Article 21 (1) of this Convention, he may not rely on an exemption from jurisdiction in respect of an action relating to the main action.
4. Giving up immunity from jurisdiction in civil or administrative matters does not mean waiving immunity as regards the execution of a judgment; This immunity must be waived separately.
The members of the consular office and their family members living with them in the common household shall be exempt in the recipient State from all public services and from any military duties, personal services of any nature and any consideration which might replace them.
1. Consulate officials, consular staff and members of their families living with them in the common household shall be exempt from all obligations imposed by the laws and regulations of the recipient State with regard to 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 consular staff resident in the recipient State or engaged in private gainful activities there or to members of their families.
1. Subject to the provisions of paragraph 3 of this Article, members of the consular post shall be exempt from social security provisions which may apply in the recipient State in respect of the services they perform for the sending State and their family members living with them in the common household.
2. The exemption referred to in paragraph 1 of this Article shall also apply to members of private staff who are exclusively employed by members of the consular post, provided that:
(a) that they are not nationals of or permanent residents of 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 prevent voluntary participation in the social security scheme of the beneficiary State, provided that participation by that State is permitted.
1. Consumers and consular staff and their family members living with them in the common household shall be exempt from all taxes and charges, whether personal or in-kind, national, regional or local, with the exception of:
(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 20 of this Convention;
(c) inheritance and transfer fees levied by the beneficiary State subject to the provisions of paragraph (b) of Article 32 of this Convention;
(d) taxes and charges on private income of all kinds originating in the beneficiary State, including profits resulting from the transfer of assets;
(e) taxes and charges levied on the provision of special services;
(f) registration, judicial, mortgage and stamp fees, subject to the provisions of Article 20 of this Convention.
(2) Members of staff who are nationals of the sending State shall be exempt from the taxes and salary charges which they receive for their official activities.
3. Members of the consular post who employ persons whose salaries or wages are subject to income tax in the recipient State must fulfil the obligations imposed by the laws and regulations of that State in respect of the collection of income tax.
1. The accepting State shall, in accordance with the laws and regulations which it may issue, authorise import and grant exemption from all customs duties, taxes and other charges on items designated by:
(a) for the official use of the consular post;
(b) for the personal use of consular officials and their family members living with them in the common household, including items intended for their initial establishment. Consumer articles may not exceed the quantity required for direct consumption by the persons concerned. The recognised exemption does not concern storage and transport charges and charges for similar services.
2. Consultant staff shall enjoy the privileges and exemptions referred to in point (b) of paragraph 1 of this Article if they are articles imported on taking up office.
3. The personal luggage of consular officials and their family members living with them in the common household 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.
1. The consular office may charge fees and benefits in the territory of the recipient State provided for by the laws and regulations of the sending State for consular acts.
2. The amounts collected in the form of fees and levies referred to in paragraph 1 of this Article shall be exempt from all taxes and levies in the beneficiary State.
In the event of the death of a member of the consular post or a member of his family living with him in the common household, the recipient State shall:
(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 national, regional or local inheritance or property transfer fees, if they are movable property which was in the territory of the recipient State only because the deceased was in that State as a member of the consular post or a member of the family of the consular post.
1. The beneficiary State shall allow and protect, for all official purposes, the freedom to connect consular offices of the sending State with the Government, diplomatic missions and other consular offices of that State, whether in the recipient State or in other States. For this purpose, consular authorities may use all appropriate means of communication, including diplomatic or consular couriers, diplomatic or consular baggage and unencrypted or encrypted messages. However, the consular office may establish and use a radio station only with the consent of the recipient State.
2. Official correspondence of the consular office shall be inviolable.
3. The consular baggage shall not be opened or detained. However, where the competent authorities of the beneficiary State have serious grounds to believe that the baggage contains anything other than the official correspondence or documents or objects referred to in paragraph 4 of this Article, they may request that the baggage be opened in their presence by the responsible representative of the sending State. If the authorities of the sending State reject such a request, the baggage shall be returned to the place of origin.
4. Consular baggage, whether composed of one or more consignments, shall be sealed and bear a clear external marking of its nature; may contain only official correspondence or documents and articles intended exclusively for the activities of the consular office.
5. 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 citizen of the recipient State, nor may he be resident in the recipient State. In the performance of its functions, the courier shall enjoy the protection of the beneficiary State. It shall enjoy personal integrity and shall not be detained or subjected to any form of imprisonment or restriction of its personal freedom.
6. Consular baggage may be entrusted to the captain of the ship or to a civilian aircraft landing at a permitted entry airport. 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. After consulting the competent local authorities, the consular office may send one of its members to take the said baggage directly and freely from the ship's or aircraft's captain or from him.
Subject to the laws and regulations of the recipient State relating to areas where entry is prohibited or modified for reasons of national security or public interest, the recipient State shall ensure freedom of movement within its territory to members of the consular post.
1. The members of the consular office shall enjoy the privileges and immunities referred to in this Convention from the time they enter the territory of the recipient State for the purpose of taking over their office or, if they are already in its territory, from the time they take up their duties at the consular office.
2. Family members of consular posts subject to privileges under this Convention shall enjoy the following privileges under the following conditions:
(a) from the moment when a member of the consular post begins to enjoy the privileges and immunities referred to in paragraph 1 of this Article;
(b) from the time of their entry into the territory of the recipient State, provided that they have entered that territory later than at the time referred to in (a) of this paragraph;
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 44 / 1981 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Tunisia |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.1981 |
|---|---|
| Effective from | 21.02.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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