Decree of the Minister for Foreign Affairs No. 48 / 1987 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria
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Effective from 18.02.1987
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48
DECLARATION
Minister for Foreign Affairs
of 26 March 1987
concerning the Consular Convention between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria
On 3 July 1985, the Consular Convention between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria was signed in Algiers.
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 19 January 1987.
The Convention entered into force on 18 February 1987 on the basis of Article 58 (1) thereof.
The Czech version of the Convention shall be published simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria
Czechoslovak Socialist Republic
and
Algeria's Democratic and People's Republic
awareness of friendly relations between the two States,
Desiring to adjust consular contacts between the two States and develop these contacts in a spirit of friendship and cooperation,
Confirming that the provisions of the Vienna Convention on Consular Relations of 24 April 1963 will continue to regulate matters which will not be expressly covered by the provisions of that Convention,
agree as follows:
Definitions
For the purposes of this Convention, the following expressions have the following meanings:
(a) "Sending State" shall be the Contracting Party which appoints consular officials as defined below;
(b) "beneficiary State" shall mean the Contracting Party in whose territory consular officials perform their functions;
(c) "nationals" shall mean nationals and, where the context so permits, legal persons established in the territory of a State and established in accordance with the law of that State;
(d) "consular post" shall mean the Consulate General, the Consulate, the Vice-Consulate or the consular office;
(e) "consular district" means the territory designated by the consular office for the performance of consular functions;
(f) "Head of the consular post" shall mean the person empowered to act in that capacity;
(g) "consular officer" means any person, including the Head of the consular post, responsible for carrying out consular functions in that capacity;
(h) "consular staff" means any person employed in the administrative or technical services of the consular office;
(i) "member of the staff" means any person employed in the domestic service of the consular office;
(j) "members of the consular post" shall mean consular officials, consular staff and staff members;
(k) "members of consular staff" shall mean consular officials, excluding the Head of the consular post, consular staff and staff members;
(l) "member of private staff" means any person employed exclusively in the private service of a member of the consular post;
(m) "consular rooms" means buildings or parts of buildings and land belonging thereto which are used exclusively for the purposes of the consular post, including the seat of the head of the consular post, irrespective of who the owner is;
(n) "consular archives" means all documents, documents, correspondence, books, films, recording tapes and registers of the consular office, together with chiffrafts, file files and equipment intended for their protection and storage;
(o) "official correspondence" means all correspondence relating to the consular office and its functions;
(p) "ship of the sending State" means any ship flying the flag of the sending State, with the exception of warships;
(q) "aircraft of the sending State" means any civil aircraft registered or imatriated in the sending State in accordance with its legislation and bearing the characteristics of that State, with the exception of military aircraft.
Consular liaison
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 class and consular district shall be determined by the sending State and shall be subject to the approval of the recipient State.
3. Later changes to the seat of the consular office, its class or the change of the consular district may be made by the sending State only with the consent of the receiving State.
4. The consent of the beneficiary State shall also be required if the Consulate General or the Consulate intends to establish a Vice-Consulate or Consulate in a place other than that in which it is established.
5. 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.
The consular officer shall have the nationality of the sending State and shall not have the nationality of the receiving State. They shall not be resident in that State or engage in professional activities other than consular functions.
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 send the patent through diplomatic channels to the Ministry of Foreign Affairs of the beneficiary State.
2. The patent must certify the status, full name and class of the head of the consular post and mark the consular district and seat of the consular post.
1. The Head of the consular post shall be recruited to perform his duties on the basis of the acceptance of a recipient State called exocvatur, which shall be issued without delay.
2. The Head of the consular post may be recruited on a provisional basis for the performance of his duties until such time as he is granted an exequatur. In that case, the provisions of this Convention shall apply to it.
3. A State which refuses to grant an exequatur shall not be obliged to inform the sending State of the reasons for its refusal.
As soon as the Head of the consular post is accepted to perform his duties, even on a provisional basis, the recipient State shall immediately inform the competent authorities of the consular district thereof and take the necessary 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, for any reason, the Head of the consular post cannot perform his duties or if the post of Head of the consular post is temporarily vacant, the sending State may delegate the post of temporary Head of the consular post to the consular officer of that office or of another consular office or member of diplomatic staff of the diplomatic mission. The name of that person must be communicated in advance to the Ministry of Foreign Affairs of the beneficiary State.
2. The temporary Head of the consular post shall be granted the privileges and immunities enjoyed by the Head of the consular post under this Convention.
1. The sending State shall communicate to the receiving State the full name, category and class of all consular officials, other than the head of consular posts, so that that State has sufficient time to exercise, if it so wishes, its rights under Article 11.
2. The sending State shall determine the number of members of the consular post, taking into account the importance of that office and the need for the proper development of its activities; However, the receiving State may request that the extent of the consular staff be maintained within limits which it considers reasonable in view of the conditions in the consular district and the needs of the consular office.
1. The Ministry of Foreign Affairs of the beneficiary State shall be notified by diplomatic channels:
(a) the appointment of members of the consular post, their arrival at the consular post, their final departure or termination of their duties, and any other changes affecting their position which may arise during their service at the consular office;
(b) the arrival and final departure of a member of the family of a member of the consular post who lives with him and, where applicable, the 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 persons residing in the recipient State, as consular staff and members of staff or as members of private staff, enjoying privileges and immunities.
2. Whenever possible, the arrival and final departure will be written off in advance.
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 it 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 he is already in his territory, before taking up his duties at the consular office. In any event, the sending State shall withdraw the appointment.
4. In the cases referred to in paragraphs 1 and 3 of this Article, the receiving State shall not be obliged to notify the sending State of the reasons for its decision.
Privileges and immunities
1. The beneficiary State shall fully facilitate the performance of the functions of consular and consular officials and shall take the necessary measures to enjoy the 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 ensure their protection, freedom and dignity.
1. The State flag of the sending State may be displayed on buildings in which the consular rooms are located and on their premises and on means of transport when used for service by the Head of the consular post.
2. The State emblem of the sending State, as well as the relevant inscription indicating the consular rooms in the official languages of the sending State and the receiving State, may be located on the buildings in which the consular rooms are located.
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 legislation of the receiving State, acquire or hold land, buildings or parts of buildings for the use of the consular post.
2. The receiving State shall provide all necessary assistance to the sending State in obtaining land and buildings or parts of buildings for the purposes referred to in paragraph 1.
3. If necessary, it shall also assist the consular post in obtaining suitable accommodation for its members.
4. The sending State shall not be exempt from the obligation to comply with the legislation of the beneficiary State on construction and spatial planning applicable to the area in which such land, buildings or parts of buildings are located.
1. The rooms of the consular office 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. However, in the event of a fire or other disaster requiring immediate protective action, consent may be assumed to have been given.
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. The rooms of the consular office, their facilities and other property shall not be subject to inspection, props, seizure or execution.
4. Those rooms shall not be exempt from expropriation for national defence purposes or public needs within the meaning of the legislation of the recipient State. Where expropriation is necessary for those purposes and where the sending State is the owner of such rooms, it shall be paid immediate, proportionate and effective compensation. The receiving State shall take measures to facilitate the sending State, which owns or rents these rooms, to relocate the Office and, in any event, to prevent the disconnection of consular functions.
Consular archives and documents are always untouchable wherever they are found.
1. Consular rooms owned or leased by the sending State shall be exempt from all taxes and charges of any kind in the receiving State, including taxes and charges on contracts and documents relating to the acquisition or hiring of those rooms.
2. The exemption referred to in paragraph 1 of this Article shall not apply to taxes and charges:
(a) which are chosen for specific proven services;
(b) which, under the laws of the recipient State, is liable to a person who has entered into a contractual relationship with the sending State.
The sending State shall be exempt from all taxes and charges on all motor vehicles intended solely for consular purposes owned, held or used by the sending State in the receiving State.
1. Consulate officials may not be arrested or taken into custody, except in the case of a criminal offence for which the laws of the recipient State provide for a custodial sentence of at least five years and on the basis of a decision of the competent judicial authority.
2. Except in the case referred to in paragraph 1 of this Article, consular officials who are imprisoned or their personal freedom may not be restricted in any other form except in the exercise of a final judicial decision.
3. The consular officer must appear at the competent authorities if criminal proceedings are brought against him. However, the procedure shall be conducted with due regard to the person concerned, justified by his official status and except in the case referred to in paragraph 1 of this Article, in such a way as to minimise the performance of consular functions. Where, in the circumstances referred to in paragraph 1 of this Article, a consular officer must be brought into custody, proceedings against him must be initiated as soon as possible.
If a member of the consular staff is arrested or taken into custody or prosecuted, the receiving State shall immediately inform the Head of the consular post thereof. Where those measures concern the Head of the consular post, the receiving State shall inform the sending State through diplomatic channels.
1. Consultants and consular staff shall not be subject to the jurisdiction of the judicial and administrative authorities of the recipient State for acts performed in the performance of consular functions.
2. However, paragraph 1 of this Article shall not apply to civil proceedings:
(a) resulting from a contract concluded by a consular officer or a consular staff member who has not been specifically or probably negotiated as a representative of the sending State;
(b) initiated by a third party in the event of damage caused by an accident caused in the recipient State by a vehicle, ship or aircraft.
1. Members of the consular post may be invited to testify in judicial or administrative proceedings. Consultants or members of staff may not, except in the cases referred to in paragraph 3 of this Article, refuse to give evidence. Where a consular officer refuses to give evidence, no enforcement measures or penalties may be applied against him.
2. The authority requesting the testimony will proceed in such a way as not to disturb 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.
3. Members of the consular post 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 have the right to refuse to give evidence as experts in the law of the sending State.
1. The sending State may waive the privileges and immunities set out in this Convention with a member of the consular post.
2. The surrender must always be explicit and must 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 21, he may not rely on an exemption from jurisdiction in respect of an action relating directly to the main action.
4. Giving up immunity from jurisdiction in civil or administrative proceedings does not mean waiving immunity as regards the enforcement of a decision to be given separately.
1. Consultant officials and consular staff shall be exempt from all obligations imposed by the legislation of the recipient State with regard to registration of foreigners, residence permits and work permits which generally apply to foreigners.
2. However, the provisions of paragraph 1 of this Article shall not apply to consular staff who are not permanent staff of the sending State or who pursue 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 provisions on social security in force in the recipient State in respect of the services they perform for the sending State.
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 resident in the beneficiary State; and
(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 in it is permitted by the beneficiary State.
1. Consultants and consular staff 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 within the territory of the beneficiary State, subject to the provisions of Article 17;
(c) inheritance and transfer charges levied by the beneficiary State, subject to the provisions of point (b) of Article 29;
(d) taxes and charges on private income of all kinds originating in the beneficiary State, including gains in value, realised in 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 17.
2. Members of the consular post who employ persons whose salaries or salaries are not exempt from income tax in the recipient State shall fulfil the obligations imposed by the legislation of that State on such matters.
1. The beneficiary State shall, in accordance with legislation which it may issue, authorise imports and grant exemptions from all customs duties, taxes and other charges levied in respect of imports, except for 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, including cars and articles intended for their initial installation. Consumer articles may not exceed the quantity required for direct consumption by the persons concerned.
2. Consular staff shall enjoy the privileges and exemptions referred to in paragraph 1 of this Article if they are articles imported on their first entry into the consular post.
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 laws and regulations on quarantine. Such inspection may only be carried out in the presence of a consular officer, his family member or persons duly authorised by them.
The accepting State shall exempt members of the consular post from all personal services, public services of any kind and military duties such as props, military contests and military accommodation.
In the event of death of a member of the consular post, 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 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.
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 or consular couriers, diplomatic or consular baggage and coded or encrypted messages. However, the consular office may establish and use the 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 bear a clear external marking of its nature and may contain only official correspondence and documents or articles intended exclusively for official use.
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 commercial 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 authority may instruct one of its members to take the said baggage directly and freely from the ship or aircraft captain or from him.
Subject to the restrictions laid down by the legislation of the beneficiary State on areas where access is prohibited or modified for reasons of national security, members of the consular post may, after prior notification by the competent authority, travel freely within the territory of the recipient State.
The provisions on privileges and immunities referred to in Articles 24, 25 (1), (3) and (4), Article 26, 27 (1) (b) and Articles 28, 29 and 31 concerning consular officials and consular staff shall apply mutatis mutandis to their family members living together with them.
Consular functions
A consular officer shall be entitled to perform the functions referred to in this Convention in the consular district in accordance with the legislation of the recipient State.
The consular officer shall be entitled to:
(a) protect the rights and interests of the sending State and its nationals in the recipient State;
(b) promote the development of trade, economic, cultural and scientific contacts between the high Contracting Parties and develop friendly contacts between them;
(c) identify by all legal means 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.
The consular officer may, in the performance of his duties, refer to:
(a) the competent local authorities of their consular district;
(b) the competent central authorities of the beneficiary State, where this is in accordance with the laws and practices of the beneficiary State or international agreements governing this matter.
1. In accordance with the laws of the receiving State, the consular officer may represent or take measures to ensure the appropriate representation of nationals of the sending State before the courts and other authorities of the receiving State in cases where they cannot defend their rights and interests in good time for absence or other reasons.
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. If the consular officer represents the persons referred to in paragraph 1 of this Article, he shall be subject, in the performance of his duties, to the law of the recipient State and to the jurisdiction of its judicial and administrative authorities under the same conditions as a citizen of that State.
The consular officer shall have the right to:
(a) register and, if the legislation of the recipient State so permits, add up the nationals of the sending State.
To this end, it may request synergies between the competent authorities of that State;
(b) publish in the press a notice addressed to nationals of the sending State or transmit to them various provisions with documents issued by the authorities of the sending State, where such notices, regulations and documents relate to the service to the State.
1. In particular, the consular officer shall be entitled, in accordance with the laws of the sending State, to issue, renew and amend travel documents of nationals of the sending State and to extend them.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 48 / 1987 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the People's Democratic Republic of Algeria |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.06.1987 |
|---|---|
| Effective from | 18.02.1987 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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