Decree of the Minister for Foreign Affairs No. 46 / 1987 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Lao People's Democratic Republic
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Effective from 19.02.1987
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46
DECLARATION
Minister for Foreign Affairs
of 26 February 1987
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Lao People's Democratic Republic
On 15 March 1985, the Consular Convention between the Czechoslovak Socialist Republic and the Lao People's Democratic Republic was signed in Vientiane.
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 Prague on 20 January 1987.
The Convention entered into force on 19 February 1987 pursuant to Article 57 thereof.
The Czech version of the Convention shall be published simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between
Czechoslovak Socialist Republic
and
Lao People's Democratic Republic
Czechoslovak Socialist Republic
and
Lao People's Democratic Republic
Desiring to adjust consular contacts between the two states and develop these contacts in a spirit of friendship and cooperation
have decided to conclude this Consular Convention and to this end have agreed on the following provisions:
Definitions
For the purposes of this Convention, the following expressions have the following meanings:
(a) "consular post" shall mean any consulate-general, consulate-general, multi-consulate or consulate-general;
(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, 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 any person employed exclusively in the private service of a member of the consular post;
(i) "consular rooms" means buildings or parts of buildings and land adjacent thereto which are used exclusively for the purposes of the consular post, irrespective of who is their owner, including the seat of the head of the consular post;
(j) "consular archives" shall mean all documents, documents, correspondence, books, films, records and registers of the consular office, together with the codes and codes, files and devices intended for their protection and storage;
(k) "official correspondence" means all correspondence relating to the consular office and its functions;
(l) "ship" means any ship flying the flag of a sending State, except warships;
(m) "aircraft" shall be any civil aircraft registered or imatriated in the sending State in accordance with its law and its features.
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, as well as the number of members of the consular office, shall be agreed in advance between the sending State and the receiving 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, which shall be located outside the seat of that office.
Only a citizen of the sending State may be a consulate official.
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 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.
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. A State which refuses to provide exequatur shall not be obliged to inform the sending State of the reasons for its refusal.
Until exequatur is granted, 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.
1. If, for any reason, the Head of the consular post is unable to perform his duties or if the post of Head of consular post is temporarily vacant, the sending State may delegate the post of temporary head of consular post to the consular officer of that office or of another consular office or member of diplomatic staff of a diplomatic mission; the name of that person shall be communicated in advance by the sending State to the Ministry of Foreign Affairs of the beneficiary State.
2. 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.
As soon as the Head of the consular post is accepted for the performance of his duties, even provisionally or ad interior, 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 benefit from 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, their arrival 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 with him 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.
2. The arrival and final departure shall also be notified in advance as far as possible.
1. The receiving State shall issue to each consular officer a document certifying its right to carry out consular functions in the territory of the receiving State.
2. The receiving State may, at any time and without giving reasons for its decision, notify the sending State in writing 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 cancel his appointment.
3. If the sending State refuses to comply or fails to comply within a reasonable period of time with the obligations it has pursuant to paragraph 2 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 consular staff.
The post of member of the consular post shall end, inter alia:
(a) notification by the sending State to the receiving State that its functions have ceased;
(b) by exequatur;
(c) by notifying the receiving State that the receiving State has ceased to consider it as a member of consular staff in the cases provided for in Article 11 (3).
Privileges and immunities
1. The receiving State shall fully facilitate the performance of the functions of the consular office and consular officials and shall take the necessary measures to enable them to enjoy the rights, privileges and immunities provided for 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 sending State shall have the right to use its flag and national emblem in the receiving State in accordance with the provisions of this Article.
2. The State flag of the sending State may be displayed and the national emblem placed on the building of the consular post and its entrance as well as on the residence of the Head of the consular post and on its means of transport, if used for service purposes.
3. The laws and practices of the beneficiary State shall be taken into account in the exercise of the right under this Article.
1. The sending State may, in accordance with the laws of the receiving State, acquire ownership and use of land, buildings or parts of buildings intended for the needs of the consular office or for accommodation of members of the consular post who are citizens of the sending State.
2. The receiving State shall provide the sending State with all necessary assistance in the acquisition of land and buildings or parts of buildings for the purposes referred to in paragraph 1.
3. 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 consulate rooms are untouchable. The authorities of the receiving State may not enter them, except with the agreement 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.
2. The beneficiary State has a special obligation 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 its dignity.
3. Consular rooms, their facilities and other property in them cannot 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 for the accommodation of members of the consular post, if they are owned or hired on behalf of the sending State;
(b) contracts and operations relating to the acquisition of real estate referred to in paragraph 1 (a);
(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 provided for in this Article shall not apply to fees and charges levied for the provision of special services.
1. Consulate officials and their family members who are neither citizens of nor permanent residents of the beneficiary State shall not be subject to the criminal, civil or administrative jurisdiction of the recipient State.
2. Consular staff and their family members who are neither citizens of nor permanent residents of the recipient State shall not be subject to the criminal jurisdiction of the recipient State. The civil and administrative jurisdiction of the beneficiary State shall not be subject to the performance of their official functions.
(3) The provisions of paragraphs 1 and 2 shall not apply to proceedings:
(a) resulting from a contract which has not been concluded by a consular official or staff member as a representative of the sending State;
(b) an inheritance where a consular official or consular staff member does not act as a sending State but as a private person;
(c) initiated by a third party in the event of damage in the recipient State from an accident caused by a vehicle, ship or aircraft;
(d) any private or commercial activity carried out by a consular officer or staff member in the recipient State in addition to his official duties.
1. Members of the consular post may be invited to appear as witnesses to judicial or administrative proceedings. Consultant staff may not, except in the cases referred to in paragraph 4 of this Article, refuse to give evidence. If the consular officer refuses to give evidence, no enforcement measures or other penalties may be applied against him.
2. The relevant provisions of paragraph 1 concerning consular officials and consular staff shall apply mutatis mutandis to members of their families.
3. The authority requesting evidence shall ensure that it does not restrict the consular officer in the performance of his duties. He may, whenever possible, accept or accept a written statement from his residence or consular post.
4. Members of the consular office and their members of the family shall not be obliged to give evidence of the facts relating to the performance of their duties or to submit official correspondence and documents relating thereto. They shall also be entitled to refuse to submit an opinion as experts in the national law of the sending State.
1. The sending State may waive the privileges and immunities referred to in Articles 19 and 20 with a member of the consular post.
2. The surrender of privileges and immunities shall in all cases be explicit, with the exception of the provisions of paragraph 3 of this Article, and shall be communicated in writing to the beneficiary State.
3. Where a consular official or consular staff commences proceedings in a case in which he would benefit from an exemption from jurisdiction pursuant to Article 19, he may not rely on an exemption from jurisdiction in respect of actions relating directly to each other from 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 receiving State shall exempt members of the consular post and their family members living with them in the common household from all personal services, public services of any kind and from military duties such as props, military contests and military accommodation.
1. Consulate officials, consular staff and their family members living with them in the common household shall be exempt from all obligations imposed by the legislation of the beneficiary 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 consular staff who are not citizens of the sending State or engaged in private gainful activities in the recipient State or to members of their families.
1. Subject to paragraph 3 of this Article, members of the consular post shall be excluded from the scope of the social security provisions applicable 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 citizens 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 of the beneficiary State, provided that such participation is permitted by the beneficiary State.
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, 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 18;
(c) inheritance and transfer charges levied by the beneficiary State, subject to the provisions of point (b) of Article 27;
(d) taxes and charges on private income of all kinds coming from 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 18.
2. 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 legislation of that State on employers in respect of the collection of income tax.
1. The accepting State shall, in accordance with legislation which it may issue, authorise imports and grant exemptions from all customs duties, taxes and other similar charges levied on or in connection with imports, other than storage, transport and similar services:
(a) articles, including cars, intended for the official use of the consular office;
(b) articles intended for the personal use of consular officials and their family members living with them in the common household, including articles intended for their initial establishment. Consumer articles may not exceed the quantity required for the direct personal consumption of the persons concerned.
2. Consultants shall enjoy the privileges and exemptions referred to in 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 if there are serious grounds for believing that they contain articles other than those referred to in paragraph 1 (b) of this Article, or objects the importation or export of which is prohibited by the legislation of the recipient State or which are subject to its quarantine rules. Such inspection may be carried out only in the presence of a consular officer or his / her family member.
In the event of the death of a member of the consular post or of a member of his family living with him in the common household of the receiving 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) not to levy national, regional or local inheritance or transfer fees, if they are 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 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, including diplomatic couriers, diplomatic or consular baggage and coded or encrypted messages.
2. When using public fasteners, the consular office 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 or documents or articles intended solely for official use, 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.
5. Consular baggage may be entrusted to the ship's captain or civilian 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. After consulting the competent local authorities, the consular office may instruct 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 legislation of the beneficiary State on areas to which access is prohibited or modified for reasons of national security, the consular officer or consular staff as well as its family members may travel freely within the territory of the beneficiary State. The provisions of this Article shall not affect the conditions for issuing visas or other travel documents under the legislation of the beneficiary State.
Consular competence and consular functions
1. The consular officer shall be entitled to perform the functions referred to in this Convention in the consular district in accordance with the law of the recipient State.
2. A consular officer may perform consular functions outside the consular district only with the consent of the recipient State.
Consultants shall be entitled to:
(a) protect in the recipient State the rights and interests of the sending State and its citizens, including legal persons;
(b) promote the development of trade, economic, cultural and scientific contacts between the Parties and develop friendly contacts between them;
(c) by all legal means, establish the state and development of the commercial, economic, cultural and scientific life of the recipient State, report on them to the Government of the sending State and provide information to interested parties.
Consultant 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, provided that this is in accordance with the laws and practices of the beneficiary State or international agreements governing this issue.
1. In accordance with the laws of the receiving State, the consular officer shall have the right to represent the citizens of the sending State or to take measures to ensure their appropriate representation before the judicial and other authorities of the receiving State in cases where, for absence or otherwise, he is unable to defend his rights and interests in good time. 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 represented persons have appointed their agent or have themselves protected their rights and interests.
3. Where the consular officer represents the persons referred to in paragraph 1 of this Article, he shall be subject, in the exercise of that function, to the law of the recipient State and to the jurisdiction of its judicial and other authorities under the same conditions and to the same extent as a citizen of that State.
1. The consular officer shall be entitled, in accordance with the laws of the sending State, to issue, renew, amend, revoke, withdraw and retain travel documents of the citizens of the sending State.
2. It shall be entitled to issue visas, extend or revoke their validity to persons wishing to travel to the sending State.
1. To the extent provided for by the law of the sending State, the consular officer shall be entitled:
(a) accept applications and declarations in respect of citizenship of citizens of the sending State and issue relevant documents;
(b) the acquisition of birth and death certificates of citizens of the sending State and copies of such documents;
(c) marry and issue appropriate documents, provided that the two fiancé are citizens of the sending State, and subject to notification by the competent authorities of the recipient State, where his legislation so requires;
(d) to register or register the annulment of a marriage under the legislation of the sending State;
(e) accept declarations concerning the family circumstances of the citizens of the sending State.
2. Those provisions shall not relieve the persons concerned of the obligation to report prescribed by the law of the recipient State.
3. The competent authorities of the beneficiary State shall immediately and free of charge send copies and extracts of the documents and documents relating to the personal status of the citizens of the sending State and required for administrative purposes to the consular office.
The consular officer shall be entitled to:
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 46 / 1987 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Lao People's Democratic Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1987 |
|---|---|
| Effective from | 19.02.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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