Decree of the Ministry of Foreign Affairs No. 50 / 1962 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Poland
Valid
Effective from 22.03.1961
50
DECLARATION
Minister for Foreign Affairs
of 25 April 1962
on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Poland
The Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Poland was signed in Prague on 17 May 1960.
The Convention was approved by the National Assembly on 15 December 1960 and ratified by the President of the Republic on 31 December 1960. The instruments of ratification were exchanged in Warsaw on 20 February 1961.
Pursuant to Article 28 of the Convention, the Convention entered into force on 22 March 1961.
The Czech version of the Convention shall be published simultaneously.
David v. r.
CONSULAR CONVENTION
between
Czechoslovakia and the People's Republic of Poland
President of the Czechoslovak Republic and
State Council of the People's Republic of Poland
led by efforts to further develop consular relations in the spirit of friendship and cooperation between the people of both countries, they agreed to conclude the Consular Convention and to this end they appointed their agents:
President of the Czech Republic
Václav David,
Minister of Foreign Affairs of the Czechoslovak Republic,
State Council of the People's Republic of Poland
Francisco Mazura,
extraordinary and authorised Ambassador of the People's Republic of Poland in Prague,
who have exchanged power of attorney and found them in the proper order and have agreed as follows:
Establishment of consulates and establishment of consulates
Each Contracting Party may establish, within the territory of the other Contracting Party, general consulates, consulates and vice consulates (hereinafter referred to as "consulates') and establish general consuls, consuls and vice consuls (hereinafter referred to as" consuls').
1. The consulate may commence official activities on presentation of the consultative patent and on the granting of exequatur by the recipient State. The consulate patent shall state the name and surname of the consul, his / her consulate rank and the seat of the consulate and the consular district.
2. The beneficiary State may authorise the consul to conduct official activities prior to the granting of exequatur.
3. Once the consul has received the exequatur or permit referred to in paragraph 2, the competent authorities of the beneficiary State shall take the necessary measures to enable it to exercise its official duties and to enjoy the rights, privileges and benefits of the recipient State.
1. Consuls and consulate staff performing consular work must be citizens of the sending State.
2. Consulate staff performing administrative, technical and similar work may be citizens of the sending State or the receiving State.
1. In the event of the removal of the consul, his death, and in the event of illness or otherwise unable to carry out his official duties, the consul shall be authorised to carry out the official activities of that consulate or other consulate or diplomatic representative of the sending State on condition that his mandate for such functions is notified in advance to the competent authorities of the recipient State in writing.
2. During the temporary management of the consulate, the person referred to in paragraph 1 shall enjoy the rights, benefits and privileges of the consulate.
Privileges and benefits
1. The emblem of the sending State and the name of the consulate may be located on the building in which the consulate is located.
2. The flag of the sending State may be placed on the building in which the consulate is located. The flag of that State may also be placed on vehicles, ships and aircraft at the time when the consul uses them in the course of official activity.
1. The consulate's offices are untouchable. The authorities of the beneficiary State may enter them only with the permission of the consul for compliance with the principle of integrity of the consulate archive referred to in Article 7 (1).
2. The official rooms of the consulate must be separated from the rooms of the consul and of the consulate staff.
1. The consulate archive is untouchable. The archive shall mean official correspondence, documents, files and office equipment used for their storage.
2. Private items and documents of the consul and of the consulate staff shall not be placed in the consulate archive.
1. Correspondence from the consulate sent and received is untouchable and cannot be controlled or detained by the authorities of the recipient State.
2. The consulate may use courier services and encryption.
1. The consulate and the staff of the consulate having the nationality of the sending State shall not be subject to the jurisdiction of the courts or other authorities of the receiving State in matters of their official activity, except where the sending State gives its consent.
2. If the consul has committed an act which is criminal under the law of the recipient State and which is not related to its official activities, any action against it shall always be agreed in advance between the Contracting Parties.
(1) The consulate and the staff of the consulate may refuse to give evidence before the courts or other authorities of the recipient State in matters relating to their official business, as well as to refuse the presentation of official correspondence and other official documents.
2. Taking into account the provisions of paragraph 1, the consul and the staff of the consulate may be called upon to give evidence in civil, criminal and administrative matters. The summons of a consul or a consulate worker who is a national citizen of the sending State shall take the form of an official letter and shall not contain a threat of coercion.
3. The consul may request that he be heard at a later stage, or at the official rooms of the consulate or at his apartment.
The consulate, consulate staff and their living spouses and minors, if they are national citizens of the sending State, shall not be subject to the rules of the recipient State on residence, registration and reporting of foreigners.
1. Consulate and staff of the consulate and their living spouses and minor children, if they are nationals of the sending State, shall be exempt from direct taxes and charges, as well as from personal and material transactions for military and other public purposes.
2. The immovable property of the sending State serving the purpose of the consulate or the accommodation of the consul and of the consulate staff, as well as the means of transport of that State serving the purpose of the consulate, shall be exempt from taxes and charges and from benefits in kind for military or other public purposes.
3. The exemptions referred to in paragraphs 1 and 2 shall not apply to fees paid for services performed.
1. Articles intended for the use of the consulate shall be exempt from customs duties.
2. The General Consul, Consul, Vice-Consul and Consular Attaché and their living spouses and minor children, if they are public citizens of the sending State, shall be exempt on the basis of reciprocity from customs duties on or intended for articles of their property, to the same extent as diplomatic staff of the diplomatic representative of the sending State, other staff of the consulate and their living wives and minors, provided they are public citizens of the sending State, shall be exempt to the same extent as non-diplomatic staff of the diplomatic representative of that State.
Professional activities of consuls
The consul helps develop political, economic and cultural contacts between the two countries.
1. The consultation shall defend the rights and interests of the sending State in accordance with the law and international standards; it also defends and looks after the rights and interests of its citizens (both natural and legal persons). To that end, it may refer directly to the courts and other state bodies in its constituency.
2. The consulate may, without special authorisation, represent citizens of the sending State before the courts and other national authorities if they are unable to defend their rights and interests in a timely manner for absence or for any other serious cause and have not appointed agents.
The consul may:
(a) keep records of citizens of the sending State;
(b) issue passports and other travel documents to the citizens of the sending State;
(c) grant a vision.
The consultation may, at the request of the authorities of the sending State, question the citizens of that State as parties, witnesses or experts and deliver to the citizens of the sending State official documents in the manner prescribed by the law of that State. Enforcement measures shall not be used in the performance of this activity.
1. The consultation may keep records of the birth and death of citizens of the sending State and issue appropriate documents.
2. The provisions of the beneficiary State on the registration of birth and death by the competent authorities of that State shall remain unaffected by the provisions of paragraph 1.
A marriage may be entered into before the consul if both persons of the marriage concluding are nationals of the sending State. The consul shall inform the competent authority of the beneficiary State of the conclusion of the marriage.
1. The Consul may:
(a) drawing up and storing wills of citizens of the sending State;
(b) to draw up and verify acts of the citizens of the sending State; it cannot, however, draw up or verify instruments of law relating to immovable property which are in the territory of the beneficiary State;
(c) to draw up and verify acts of law between citizens of the State sending and citizens of the State receiving or of the State of the third State where such acts are intended to have legal effects in the territory of the State transmitting;
(d) to verify the signatures of the citizens of the State on the lists not referred to in (b) and (c);
(e) verify extracts and copies of documents;
(f) to procure and verify translations of documents;
(g) to legalise documents drawn up or authenticated in the receiving or sending State and documents drawn up or authenticated in a third State, in so far as they concern citizens of the sending State;
(h) to receive from the citizens of the sending State money, documents and other items, in accordance with the provisions of the receiving State;
(i) to carry out other administrative acts as authorised by the sending State, provided that the authorities of the receiving State have no objection to that.
2. Documents drawn up, authenticated or legalised by the consul in accordance with paragraph 1 in the form prescribed by the law of the sending State shall have the same validity in the recipient State and the power of proof as documents drawn up, validated or legalised by the authorities of that State.
1. The consulate may provide all assistance to ships of the sending State. It may enter into contact with the crew and passengers, enter the ship, require information from the captain and other crew members on the ship, cargo, cargo, course and destination, write, confirm and check the ship's documents, resolve disputes between the captain and other crew members, and take measures to consolidate order and discipline on the ship.
2. If a ship of the sending State has suffered an accident or is damaged in the inland or territorial waters of the receiving State, the authorities of the receiving State shall immediately inform the Consul thereof and inform him of the means used to secure the ship, crew, passengers and cargo.
1. The authorities of the beneficiary State may not intervene in the matters of ships of the sending State without the request or consent of the consul. The Consul's consent is not needed in matters of customs, passport and health protection or if an event has occurred on the ship that is disturbing the peace or security of the port.
2. Where the authorities of the beneficiary State intend to implement enforcement measures on a ship, they shall inform the consul so that the implementation of such measures may be present, except that, for lack of time, its presence cannot be ensured. If the consul was neither present nor represented on the ship, the authorities of the beneficiary State shall inform him without delay of the enforcement measures taken. The provisions of this paragraph shall not be applied in the course of routine checks on customs, passport and health matters.
1. The consultation may provide all assistance to aircraft of the sending State, in particular in the event of forced landing of the aircraft, to assist crew members and passengers in their contact with the authorities of the receiving State and take steps to continue their journey.
2. If the aircraft of the sending State is affected by an accident, the authorities of the receiving State shall immediately inform the Consul, who may provide assistance to the crew and passengers and take measures to secure the aircraft and its cargo. The consultation may also contact the authorities of the beneficiary State for the necessary resources.
3. Article 22 shall apply mutatis mutandis to aircraft.
The consultation may charge fees under the legislation of the sending State for official acts.
Final provisions
The provisions of Part III of this Convention on the Rights and Obligations of Consumers shall be applied mutatis mutandis to the Head of the Consular Department of the Diplomatic Representatives of each of the Contracting Parties, provided that the mandate of this function is notified to the other Contracting Party. This shall be without prejudice to the diplomatic privileges and benefits of that person.
Each Contracting Party shall ensure that the other Contracting Party is treated as the State enjoying the most favourable treatment in all matters with regard to the privileges, advantages and rights of the consulates and of the workers of the consulates. However, none of the Contracting Parties will be able to rely on the most-favoured-nation clauses and to seek other or wider privileges, advantages and rights than those which it itself admits to the consulates and consulates of the other Contracting Party.
This Convention shall be subject to ratification and shall become effective 30 days after the replacement of the instruments of ratification to be implemented in Warsaw.
This Convention shall be negotiated for a period of five years from the date of entry into force. It shall remain in force for a further period of five years, unless one of the Contracting Parties notifies it in writing six months before the expiry of the current five-year period.
This Convention was negotiated in Prague on 17 May 1960 in duplicate, each in the Czech and Polish languages, in which both texts are equally authentic.
To prove this, the aforementioned agents signed this Convention and sealed it.
From the power of attorney
President of the Czech Republic:
David v. r.
From the power of attorney
State Council of the Polish People's Republic:
Mazur v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 50 / 1962 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Poland |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.05.1962 |
|---|---|
| Effective from | 22.03.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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