Decree No 47 / 1977 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Mongolia
Valid
Effective from 20.06.1977
Zobrazeno prvních 200 z celkem 241 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
47
DECLARATION
Minister for Foreign Affairs
of 23 June 1977
concerning the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Mongolia
On 3 June 1976, the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Mongolia was signed in Ulanbatar.
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 20 May 1977.
Pursuant to Article 45 (1) of the Convention, the Convention entered into force on 20 June 1977.
The Czech version of the Convention shall be published simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Mongolian People's Republic
President of the Czechoslovak Socialist Republic and Presidium of the Great People's Hural of the People's Republic of Mongolia,
led by the desire to further develop friendly relations in accordance with the Treaty for Friendship and Cooperation between the Czechoslovak Socialist Republic and the People's Republic of Mongolia, signed in Ulanbatar on 18 June 1973; and
having regard to the fact that the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Mongolia, signed in Prague on 8 November 1963 as a result of the development of friendly relations, requires new contractual arrangements,
have decided to conclude this Consular Convention and have appointed to that end their agents:
President of the Czechoslovak Socialist Republic
Vladimir Bartoš, Ambassador to the Czechoslovak Socialist Republic in the People's Republic of Mongolia,
The President
Ojun Chosbajar, Deputy Minister of Foreign Affairs of the People's Republic of Mongolia,
who, after exchanging their full powers, found in good and proper form, have agreed on the following:
DEFINITIONS
Within the meaning of this Convention, the following terms have the following meaning:
1. The "Consulate Office" shall be the Consulate General, the Consulate, the Vice-Consulate and the Consulate.
2. "Consular circuit" shall be the territory in which the consular officer is entitled to perform consular functions.
3. "Head of the consular post" shall be the person authorised by the sending State to perform this function.
4. "Consultant" shall mean the person, including the Head of the consular post, responsible for the performance of consular functions. The term "consular officer 'shall include a person seconded to the consular post for practice.
5. "Consultant" shall mean a person who is not a consular officer and who performs administrative or technical functions at the consular office. The term "consular staff" includes a person who works as a driver, a member of domestic staff, a gardener or performs other tasks related to the care of the consular post.
6. The term "citizen of the sending State" includes legal persons.
7. "Consular rooms" are buildings or parts of buildings, including the residence of the head of the consular post, as well as land belonging to such buildings or parts of buildings, which are used exclusively for consular purposes, irrespective of who the owner is.
8. "Consular archive" includes all official correspondence, encryption, documents, books, films, sound tapes and other technical means of work, as well as equipment designed to store and protect them.
9. "Ship" shall be any vessel legally flying the flag of the sending State.
10. "Aircraft" shall be any aircraft legally bearing the designation of nationality and registration of the sending State.
ESTABLISHMENT OF CONSULAR OFFICIALS, INMENTATION OF CONSULAR OFFICERS
1. A consulate may be established in the recipient State only with its consent.
2. The seat of the consular office, its classification and the consular district shall be determined by mutual agreement of the sending and receiving States.
1. Before appointing the Head of the consular post, the sending State shall seek the approval of the receiving State by diplomatic means with its person.
2. The sending State shall, by diplomatic means, transmit to the receiving State a consultative patent or other document appointing the Head of the consular post, its class and the consular district in which it will perform its duties, and the place where the consular office has its seat.
3. Upon presentation of a consultative patent or other document appointing the Head of the consular post, the receiving State shall grant the latter as soon as possible an exequatur or other authorisation.
4. The Head of the consular post shall take up his duties after the granting of exequatur or other authorisation by the beneficiary State.
5. The receiving State may authorise the Head of the consular post prior to the granting of exequatur or other authorisation to carry out his duties on a provisional basis.
6. The receiving State shall take the necessary measures after the exequatur or other authorisation has been granted to enable the Head of the consular post to carry out his duties.
The sending State shall inform the receiving State, through diplomatic channels, of the name and surname, citizenship as well as the class of each consular officer who performs a function other than that of the Head of the consular post.
1. Only a citizen of the sending state can be a consulate official.
2. The consular staff may be a citizen of the sending or receiving State. If the consular staff is a citizen of the recipient State or a citizen of the sending State residing in the recipient State, the legislation of the recipient State shall be complied with when it is adopted.
The receiving State may at any time notify without being obliged to inform the sending State that the exequatur or other authorisation of the head of the consular post has been revoked or that the consular officer or consular staff is a person undesirable. In such cases, the sending State shall revoke the consular officer or consular staff if they have already taken up their duties. If the sending State fails to fulfil that obligation within a reasonable period of time, the receiving State may refuse the recognition of such a person as a consular official or consular staff.
ADVANCES, PRINCIPLES AND IMMUNITY
The receiving State shall provide the consular officers and consular staff with the necessary protection and shall take the necessary measures to enable them to exercise their functions and to exercise their rights, privileges, privileges and immunities conferred upon them by this Convention and the laws of the recipient State. It shall also ensure the protection of the consular office and the residence of consular officials.
1. If, for any reason, the Head of the consular post is unable to perform his duties or his post is temporarily vacant, the sending State may entrust the consular officer of that or other consular post in the recipient State or a member of diplomatic staff to its diplomatic mission in the recipient State to the post of Head of Mission. The receiving State shall be informed in advance of this by means of diplomatic channels by the sending State.
2. The person in charge of the temporary management of the consular post shall enjoy the same rights, benefits, privileges and immunities as are incumbent upon the Head of the consular post under this Convention.
3. The secondment of a member of diplomatic staff to the consular post referred to in paragraph 1 shall be without prejudice to his privileges and immunities granted to him on the basis of his diplomatic status.
1. The rights and obligations of consular officers referred to in this Convention shall apply equally to members of diplomatic staff of the diplomatic mission of the sending State in charge of consular functions.
2. The exercise of consular functions by the persons referred to in paragraph 1 shall not affect the privileges and immunities which they enjoy under their diplomatic status.
1. The sending State may, in accordance with the legislation of the receiving State, acquire ownership of a building or part of a building or hire land for the consular office or for the housing of consular officials or consular staff. The receiving State shall, if necessary, provide all assistance and support to the sending State.
2. The provisions of paragraph 1 shall not exempt the sending State from the obligation to comply with the construction and zoning legislation applicable to the area in which the said buildings, parts of buildings or land are located.
1. The consular office building may include the national emblem and designation of the consular post in the language of the sending State and the recipient State.
2. The flag of the sending State may be displayed on the building of the consular office and on the residence of the head of the consular office.
3. The Head of the consular post may use the flag of the sending State on his means of transport.
1. Buildings and parts of buildings which are used exclusively for the purposes of the consular office and the land belonging thereto shall be inviolable. The authorities of the receiving State may not enter them without the permission of the Head of the consular post, the Head of the diplomatic mission of the sending State or their authorised person.
2. The provisions of paragraph 1 shall also apply to consular posts and consular staff.
The archives of the consular office are always untouchable, wherever they are located.
1. The consulate shall have the right to contact its government or diplomatic missions and other consular offices of the sending State, irrespective of their location. For this purpose, the consulate may use all usual fasteners, shifters, courier and courier baggage. The establishment and operation of a radio station may take place only with the consent of the receiving State.
When using the usual fasteners, the consular office shall be subject to the same rates as for the diplomatic mission.
2. Official post and courier baggage, where their official nature is clearly indicated, shall be inviolable and shall not be controlled or detained by the authorities of the beneficiary State, regardless of the means of communication used.
3. Persons carrying consular baggage (consular couriers) shall be granted the same rights, privileges and immunities as diplomatic couriers of the sending State.
4. Consular baggage may be entrusted to the captain of an aircraft or a ship receiving an official document indicating the number of baggage. However, it is not considered a consular courier. A consulate official shall be entitled, directly and without obstacles, to take this baggage from or hand over to the captain of the aircraft or ship.
The person of the consular officer and consular staff shall be inviolable. These persons shall not be detained or taken into custody. The beneficiary State shall treat them with due respect and shall take the necessary measures to ensure the protection of their persons, freedom and dignity.
1. The consular officer or consular staff shall be exempt from the criminal, civil and administrative jurisdiction of the recipient State and shall not be subject to its enforcement measures, except:
(a) actions relating to personal immovable property located in the recipient State, unless it is held on behalf of the sending State for consular purposes;
(b) an action for inheritance in which a consular official or consular staff member acts privately and not on behalf of the sending State as executor of the will, administrator of the estate, heir or referee;
(c) actions relating to a free profession or private gainful activity carried out by a consular official or consular staff in the recipient State in addition to their official duties.
2. A consular officer or a consular staff may only be brought before the courts in the cases referred to in paragraph 1 (a), (b), (c) and provided that it can be carried out without violating the integrity of his person or his residence.
3. The members of the family of a consular officer or consular staff who live with him in the common household shall also be exempt from the jurisdiction of the recipient State and shall enjoy personal integrity as a consular official or consular staff. Under the same conditions, those family members are also not subject to enforcement measures by the beneficiary State.
4. The sending State may waive the immunity of consular officials and consular staff and their family members. The surrender must in any case be explicit and must be notified in writing to the recipient State. Withdrawal from jurisdiction in civil and administrative matters does not mean waiving immunity in respect of the enforcement of decisions which must be waived separately.
5. Where an action is brought by a person who is excluded from jurisdiction under this Article, he may not rely on an exemption from jurisdiction in respect of an action which is directly linked to the main action.
1. The consular officer or consular staff shall not be required to testify as a witness.
2. If the sending State agrees that the consular officer or consular staff shall testify as a witness, it may testify on request.
3. It shall not be permitted to compel a consular official or a consular staff member to testify as a witness to appear before a court for that purpose or to be held liable in the event of refusal of notice or failure to appear before a court.
4. A consulate staff member who is a citizen of the recipient State or who has his permanent residence in that State may refuse to testify on official matters.
5. When applying the provisions of paragraph 2, the necessary measures shall be taken to avoid disruption of the consular office. Where possible, oral or written testimony may be given at the consular office or at the apartment of the relevant consular officer or consular staff.
6. The provisions of this Article shall apply to all proceedings and proceedings before courts and other national authorities.
7. The provisions of this Article shall apply mutatis mutandis to members of the family of a consular official or consular staff, provided that such persons live in a common household with them.
The consular officer shall be exempt in the recipient State from all enforceable obligations. Likewise, consular staff and family members of consular officials and consular staff living with them in the common household shall be exempt.
The consular officer or consular staff, as well as his family members living with him in the common household, shall not be subject to the obligations arising from the legislation of the recipient State on the reporting obligations of foreigners and the acquisition of a residence permit.
1. The sending State shall be exempt from all taxes and other charges in the receiving State.
(a) land, buildings or parts of buildings which are used exclusively for consular purposes, including those of consular officials and consular staff, if they are owned or hired by the sending State;
(b) contracts and instruments relating to the acquisition of such immovable property, provided that the sending State obtains them exclusively for consular purposes.
2. The provisions of paragraph 1 shall not apply to the payment of services.
The sending State shall be exempt in the receiving State from all taxes and charges on property owned or held by the sending State and used for consular purposes. This also applies to the acquisition of movable property for which the sending State would have to pay these taxes and property charges in any other case.
A consulate official or consular staff shall not be obliged to pay taxes on their service income to the recipient State.
1. The consular officer and the consular staff, as well as their family members living with them in the common household, shall be exempt in the beneficiary State from all State, regional and local taxes and charges, including taxes and charges on movable property belonging to them.
2. The exemption referred to in paragraph 1 shall not apply to:
(a) indirect taxes normally included in the price of goods or services;
(b) fees and taxes on private immovable property situated in the territory of the beneficiary State, unless it is already exempt under Article 20;
(c) inheritance taxes or taxes and charges for the transfer of assets levied by the beneficiary State;
(d) taxes and charges on private income whose resources are in the beneficiary State;
(e) judicial, registration, mortgage, paper, stamp and administrative charges, unless the exemption is already granted in accordance with Article 20;
(f) fees levied for services actually proven.
1. All articles, including motor vehicles imported for the official use of the consular post, shall be exempt, in accordance with the legislation of the recipient State, from customs duties and taxes levied in connection with or on import as well as from items imported exclusively for the official use of the diplomatic mission.
2. The consular officer and his family members shall be exempt from customs control.
The consular officer and consular staff, as well as their family members living with them in the common household, shall be exempt from customs duties and taxes levied on or on import as well as the corresponding categories of personnel of the diplomatic mission in respect of their baggage and other items intended for their personal use.
3. The term "relevant category of staff of a diplomatic mission 'in paragraph 2 of this Article means members of diplomatic staff in the case of consular officers and members of administrative technical staff in the case of staff of the consular post.
1. In the context of consular activities, the consular office may levy fees set by the sending State.
2. The sending State shall be exempt from all national, regional and local taxes and charges imposed and levied by the receiving State on the amounts referred to in point 1 of this Article.
All persons enjoying benefits, privileges and immunities under this Convention shall comply with the legislation of the beneficiary State, including the transport and insurance rules for motor vehicles, without prejudice to such advantages, privileges and immunities.
The beneficiary State shall provide the consular officer and consular staff with the freedom to move and travel within the consular district for the performance of their official duties, unless this is contrary to its legislation on residence in areas where entry and stay are prohibited or restricted for reasons of national security.
Article 10 (1), Article 12 (2), Article 15, 16 (1), (2), (3), Article 17 (1), (2), (3), (7), Article 18, 19, 22, 23 (1), Article 24 (2) of this Convention shall not apply to citizens of the recipient State or to persons residing in the recipient State.
CONSULAR FUNCTIONS
The Consulate Officer shall endeavour to strengthen friendly relations between the Parties and shall contribute to the development and deepening of brotherly cooperation in political, economic, scientific, cultural, legal, tourist and other areas and shall protect the rights and interests of the sending State and its citizens in the consular district, including legal persons.
1. The consular officer shall have the right to perform the functions laid down in this Title in the consular district. In addition, the consular officer may perform other consular functions unless they are contrary to the legislation of the recipient State.
2. In the performance of its consular functions, the consular officer may contact the competent local authorities of the consular district directly and orally, as well as the competent central authorities of the recipient State.
3. The consular officer may, with the agreement of the recipient State, perform duties outside the consular district.
1. The consular officer shall be entitled to:
(a) keep a record of the citizens of the sending State;
(b) accept applications for citizenship and issue the relevant documents required by the legislation of the sending State;
(c) receive, in accordance with the legislation of the sending State, declarations of marriage provided they are citizens of the sending State;
(d) register and be informed of the birth or death of citizens of the sending State;
(e) receive, in accordance with the legislation of the sending State, declarations concerning the family circumstances of the citizens of the sending State.
2. The consular officer shall inform the competent authorities of the beneficiary State of the implementation of the operations provided for in paragraph 1 (c), (d), where the legislation of the beneficiary State so requires.
3. The provisions of paragraph 1 (c) and (d) of this Article shall not exempt citizens of the sending State from the obligation to comply with the relevant legislation of the receiving State.
The consular officer shall be entitled to:
(a) to issue, extend, amend, cancel and withdraw travel documents of citizens of the sending State;
(b) issue or cancel all types of visas to persons wishing to travel to the sending State.
The consular officer may take over the care of a minor citizen of the sending State within the jurisdiction of the court, if this is in accordance with the legislation of the receiving State.
1. The consular officer shall have the right, in accordance with the legislation of the sending and receiving States, to conduct notarial acts in the consular district of:
(a) for persons independent of their nationality, where applicable in the sending State;
(b) for citizens of the sending State for foreign use.
2. The consular officer shall have the right to make translations of documents or to verify the accuracy of the translation as well as to verify the documents.
Documents drawn up, translated or certified by a consular officer in accordance with Article 34 shall be considered as having the same legal effectiveness and relevance in the beneficiary State as documents drawn up, translated or certified by the competent authorities or bodies of the beneficiary State.
1. A consulate official shall have the right to receive documents, money, valuables and other items belonging to him for safekeeping for the citizens of the sending State.
2. Such items taken into custody may be exported from the beneficiary State only in accordance with its legislation.
1. The competent authorities of the beneficiary State shall inform the consular officer of the death of the citizen of the sending State and shall inform him of the inheritance, the heirs, the deceased and the will.
2. The competent authorities of the beneficiary State shall inform the consular officer of the initiation of the succession proceedings in that State if the heir or the deceased is a citizen of the sending State.
This shall also apply in cases where the competent authorities learn about the inheritance for the benefit of a citizen of a sending State in the territory of a third State.
The consular officer shall have the right, in accordance with the legislation of the recipient State, to represent the citizens of the sending State in the consular district before the authorities of the recipient State, if he is unable to exercise his rights and interests in good time for absence or other serious reasons. Representation shall take place as long as the represented persons do not appoint their agents or take over the defence of their rights and interests themselves.
1. The consular officer shall have the right to establish and maintain contact with each citizen of the sending State, advise and provide him with all assistance and, where necessary, take measures to ensure legal assistance. The receiving State does not in any way restrict the right of a citizen of the sending State to contact the consular office or consular office.
2. The competent authorities of the beneficiary State shall immediately inform the consular officer of the detention or detention of a citizen of the sending State.
3. The consular officer shall have the right to visit, and to maintain contact with, a citizen of the sending State who has been detained, taken into custody or serving the prison sentence as soon as possible. These rights shall be exercised in accordance with the legislation of the beneficiary State, provided that they are not repealed by that legislation.
1. The consular officer shall be entitled to provide any support and assistance to ships of the sending State in ports and in the internal waters of the receiving State.
2. The consular officer shall have the right to board the ship and to contact the captain and crew members, and the captain and crew of the ship may make contact with the consular officer as soon as the ship has been authorised to contact the coast.
3. The consular officer may request assistance from the competent authorities of the recipient State on any question concerning ships of the sending State or on the matter of the captain and crew.
The consular officer shall be entitled to:
1. investigate any event affecting the ship of the sending State, interview the captain and crew member of the ship of the sending State, check the ship's documents, accept the ship's travel and destination declarations, facilitate the arrival of the ship, its position and departure from port without violating the rights of the authorities of the receiving State;
2. to resolve the dispute between the captain of the ship and any crew member, including disputes concerning wages and employment contracts, where permitted by the legislation of the sending State and without violating the rights of the authorities of the receiving State;
3. take measures, if necessary, to provide medical assistance to ship captains or crew members or to allow them to return to their homeland;
4. take over, issue or verify any declaration or other document intended for the ship under the legislation of the sending State.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 47 / 1977 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Mongolia |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.08.1977 |
|---|---|
| Effective from | 20.06.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0