Decree of the Minister for Foreign Affairs No. 63 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria
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Effective from 23.03.1974
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63
DECLARATION
Minister for Foreign Affairs
of 28 March 1974
concerning the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria
On 16 March 1972, the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria and the Protocol was signed in Prague.
The Convention and Protocol were 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 Sofia on 21 February 1974.
Pursuant to Article 42 (1) thereof, the Convention and the Protocol entered into force on 23 March 1974.
The Czech text of the Convention and the Protocol shall be published simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria
President of the Czechoslovak Socialist Republic and State Council of the People's Republic of Bulgaria,
led by the wish to further develop friendly relations in accordance with the Treaty on Friendship, Cooperation and Mutual Assistance between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria, signed in Prague on 26 April 1968; and
Considering that consular relations between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria require new contractual arrangements, they have decided to conclude this Convention and have appointed to this end their agents:
President of the Czechoslovak Socialist Republic
Ing. Bohuslav Chubek,
Minister for Foreign Affairs,
State Council of the People's Republic of Bulgaria
Peter Mladenov,
Minister for Foreign Affairs,
who agreed on this:
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" is the territory in which the consular office performs its consular functions.
3. "Head of the consular post" shall be the person authorised by the sending State to perform the duties associated with 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 office for practice.
5. "Consultant staff" shall mean a person who is not a consular officer and who performs administrative or technical functions at the consular office. The term "staff member of the consular post 'includes a person who also performs other tasks related to the care of the consular post.
6. "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.
7. "Consular archive" includes all official correspondence, encryption, documents, books, films, sound tapes and other technical means of work, as well as equipment intended for their storage and protection.
8. The term "citizen of the sending State" includes legal persons.
9. "Ship" shall be any vessel flying the flag of the sending State.
ESTABLISHMENT OF CONSULAR OFFICERS AND APPARATUS OF CONSULAR OFFICERS
1. The 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. Prior to the appointment of the Head of the consular post, the sending State shall seek the approval of the receiving State by diplomatic means.
2. Upon receipt of this consent, the diplomatic mission of the sending State shall submit to the Ministry of Foreign Affairs of the receiving State a consultative patent or other document appointing the Head of the consular post. The patent or other document shall state the full name of the Head of the consular post, his citizenship, class, consular district in which he will perform his duties, and the seat of the consular post.
3. Upon presentation of a patent or other document of appointment of the Head of the consular post, the recipient State shall grant him an exequatur or other authorisation as soon as possible.
4. The head of the consular post may only take up his duties if the recipient State grants him an exequatur or another permit.
5. Pending the granting of exquats or other authorisations, the beneficiary State may give consent to the Head of the consular post for the provisional performance of his duties.
6. Once the Head of the consular post has been given the consent of the beneficiary State, even if provisionally, to carry out its duties, the authorities of the receiving State shall take appropriate measures to enable it to carry them out.
The sending State shall communicate to the Ministry of Foreign Affairs of the receiving State the full name and surname, nationality, class and function of the consular officer who shall perform a function other than that of the Head of the consular post.
Only a citizen of the sending State may be a consulate official.
The receiving State may at any time, without being obliged to disclose the reasons for its decision, inform the sending State by diplomatic channels that the exequatur or other authorisation for the head of the consular post has been revoked or that the consular officer or staff member of the consular post is an undesirable person. In such a case, the sending State shall withdraw the Head of the consular post concerned, the consular officer or the staff of the consular office if they have already taken up their duties. In the event that the sending State fails to comply with this obligation within a reasonable period of time, the receiving State may refuse to consider such a person as a consular official or as an employee of the consular office.
PRINCIPLES AND IMMUNITY
The beneficiary State shall provide protection to the consular officer and shall take the necessary measures to enable him to fulfil his duties and to enjoy the rights, privileges and immunities conferred upon him by this Convention and by the law of the recipient State. The beneficiary State shall take the necessary measures to ensure the protection of the consular office and the residence of consular officials.
1. If the Head of the consular post cannot, for any reason, perform his or her duties or the post of Head of consular post is temporarily vacant, the sending State may authorise the consular officer of that or other consular office in the recipient State or a member of diplomatic staff of its diplomatic mission in the recipient State to temporarily lead the consular post. The full name of this person shall be notified in advance to the Ministry of Foreign Affairs of the beneficiary State.
2. The person authorised by the temporary management of the consular post shall be entitled to perform the duties of Head of the consular post in whose place he has been appointed. It shall be subject to the same obligations and shall enjoy the same rights, privileges and immunities as it should if it were appointed under Article 3 of this Convention.
3. The appointment of a member of the diplomatic staff of a diplomatic mission of the sending State to the consular post in accordance with paragraph 1 of this Article shall not affect his privileges and immunities granted to him on the basis of his diplomatic status.
1. The members of diplomatic staff of the diplomatic mission of the sending State in the recipient State who have been entrusted with consular functions on that mission shall be subject to the rights and obligations of the consular officers referred to in this Convention.
2. The exercise of consular functions by the persons referred to in paragraph 1 of this Article shall not affect the privileges and immunities accorded to them under their diplomatic status.
The sending State may, in accordance with the laws of the receiving State, acquire or hire land, buildings or parts of buildings for the consular office and for the apartments of consular officials and staff of the consular post, provided that they are citizens of the sending State and are not resident in the recipient State.
The beneficiary State shall, if necessary, provide the sending State with all assistance and support for the acquisition or lease of land, buildings or parts of buildings for that purpose.
1. In the building in which the consular office is located, the designation of the consular office may be affixed in the language of the sending and receiving States and the State emblem of the sending State.
2. The flag of the sending State may be displayed at the building of the consular office and at 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 or parts of buildings used exclusively for the purposes of the consular office, as well as land belonging to such buildings or parts of buildings, shall be inviolable. The authorities of the beneficiary State may not enter them without the consent 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 provisions of paragraph 1 shall also apply to consular posts and staff of the consular post, provided that they are not citizens of or resident in the recipient State.
Consular archives are untouchable always and wherever they are. Unofficial documents may not be kept in the consular archives.
1. The consulate shall have the right to contact its government, diplomatic missions and consular authorities of the sending State, irrespective of where they are located. For this purpose, it may use all usual fasteners, ciphers, courier connections and sealed baggage. The radio station may be established and used only with the consent of the receiving State.
When using the usual fasteners, the consular office shall be subject to the same rates as the diplomatic mission.
2. Official correspondence of the consular office, regardless of the means of communication used, as well as sealed baggage with a clear external indication of their official character shall be untouchable and shall not be detained or controlled by the authorities of the recipient State.
3. Persons carrying consular baggage 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 the ship or aircraft. The captain shall be provided with an official document indicating the number of consignments forming consular baggage but not being considered a consular courier. The consular officer may take the said baggage freely from the captain of the ship or aircraft and may forward it freely to him.
The person of the consular officer or of the staff of the consular post who is not a citizen of the recipient State or who does not have his permanent residence shall be inviolable. These persons shall not be arrested or detained in any way. The beneficiary State shall treat them with due respect and take all necessary measures to protect their person, freedom and dignity.
1. A consular officer or a member of the consular post, unless he is a citizen of or has his permanent residence in the recipient State, shall be exempt from the criminal jurisdiction of the recipient State. It shall also enjoy exemption from the civil and administrative jurisdiction of the beneficiary State with the exception of:
(a) actions in substance concerning private immovable property in the territory of the recipient State, unless it is owned by the sending State for the purposes of the consular office;
(b) actions relating to the inheritance in which he is the executor of the last will, the administrator of the inheritance, the heir or the referee as a private person and not as agent of the sending State;
(c) actions relating to any professional or commercial activity which he carries out in the recipient State, in addition to his official duties.
2. A consular official or a staff member of the consular post, unless he is a citizen of or has his permanent residence in the recipient State, may be subject to enforcement proceedings only in the cases referred to in paragraph 1, point (a), (b), (c) and provided that he 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 of a staff member of the consular post who live with him in the common household and who are not citizens of the recipient State or who are not resident in that State shall also enjoy exemption from jurisdiction as well as personal integrity as a consular official or an employee of the consular post who is neither a citizen of the recipient State nor a resident in that State.
4. The sending State may waive the immunity of consular officers and staff of the consular office as well as their family members. The surrender shall in any case be notified in writing. The waiver of jurisdiction in civil and administrative matters does not entail the waiver of immunity in respect of the enforcement of a decision to be waived separately.
5. Where an action is brought by a person enjoying exemption from jurisdiction under this Article, he may not rely on exemption from jurisdiction in respect of a counterclaim which is directly linked to the main action.
1. A consular officer and a member of the consular post, unless he is a citizen of or has his permanent residence, shall not be required to testify as a witness.
2. With the consent of the sending State, the consular officer and the staff member of the consular post may, if he is not a citizen of the recipient State and does not have his permanent residence, give evidence on request. Such persons shall not be subject to enforcement measures in order to give evidence or to appear in court for that purpose and may not be held liable if they refuse to testify as a witness or do not appear in court.
3. A member of the consular post who is a citizen of, or resident in, the recipient State may refuse to testify on official matters.
4. When applying paragraph 2 of this Article, the necessary measures shall be taken to prevent disruption of the consular office. Where possible, oral or written testimony may be made at the consular office or at the apartment of the consular officer concerned or of the staff of the consular office.
5. The provisions of this Article shall apply to judicial proceedings and proceedings carried out by public authorities or other bodies which perform the functions of public administration.
6. The provisions of this Article shall apply mutatis mutandis to members of the family of the consular officer or of the staff of the consular post living with them in the common household who are not citizens of the recipient State and do not reside there.
A consular officer or an employee of the consular post and their family members, when living with them in the common household and not being citizens of the recipient State, shall be exempt in the recipient State from military duties and other obligations imposed by the State.
The consular officer or staff of the consular post, as well as their family members living with them in the common household who are citizens of the sending State and who are not resident in the recipient State, shall be exempt from all obligations imposed by the legislation of the receiving State concerning registration, acquisition of residence permits and other similar requirements against foreigners.
1. The sending State shall be exempt in the recipient State from any taxation or other similar charges in any form as regards:
(a) land, buildings or parts of buildings used exclusively for consular purposes, including the residence of consular officials and staff of the consular post, if they are owned or hired by the sending State or are hired by any natural or legal person acting on its behalf;
(b) contracts or instruments relating to the acquisition of such immovable property where the sending State acquires such property solely for consular purposes.
2. The provisions of paragraph 1 of this Article shall not concern payments for the provision of services actually established.
The recipient State shall not tax or levy any taxes or other charges on immovable property owned by the sending State or which is held or used for consular purposes, or in connection with the acquisition of assets for which, in another case, the sending State would be obliged to pay such taxes and charges on the basis of legislation.
A consular officer or an employee of a consular post who is neither a citizen of or resident in the recipient State shall be exempt from all taxes and other similar charges of all kinds levied by the recipient State on the salary he receives for the performance of his duties.
1. The consular officer or the staff of the consular post, as well as their family members, living with them in the common household as regards citizens of the sending State who are not resident in the recipient State, shall be exempt from all national, regional and local taxes and charges, including taxes and charges on their movable property.
2. The exemption provided for in paragraph 1 of this Article shall not apply to:
(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, unless they are already exempt under Article 20 of this Convention;
(c) taxes and charges on inheritance and acquisition in the beneficiary State;
(d) taxes and charges on private income which have resources in the beneficiary State;
(e) taxes and charges on legal acts and instruments relating to such legal acts, including charges (in all cases) levied in connection with such acts, unless the exemption is already granted pursuant to Article 20 of this Convention;
(f) payment for services actually proven.
1. All items, including motor vehicles, imported for the official use of the consular post shall be exempt, in accordance with the legislation of the receiving State, from customs duties and levies of every kind in the same way as those imported for the official use of the diplomatic mission.
2. The personal luggage of the consular officer and his family members shall be exempt from customs control.
3. The consular officer and the staff of the consular post, as well as their family members, living with them in the common household, if they are not citizens of, or are not resident in, the recipient State, shall be exempt from customs duties and other benefits of all kinds, as well as the corresponding categories of staff of the diplomatic mission.
All persons enjoying privileges and immunities under this Convention shall, without prejudice to such privileges and immunities, be required to comply with the laws of the recipient State, including the transport and insurance rules of motor vehicles.
If this is not contrary to the legislation of the recipient State on the areas to which entry is prohibited or restricted for reasons of national security, the consular officer shall be allowed free movement in the consular district to fulfil his official duties.
CONSULAR FUNCTIONS
1. The consular officer shall contribute to the strengthening of friendly relations between the sending State and the receiving State in the consular district, the development and deepening of brotherly cooperation in political, economic, scientific, cultural, tourist and other areas.
2. The consular officer in the consular district shall protect the rights and interests of the sending State and its citizens.
1. The consular officer shall have the right to perform the functions referred to 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 his duties, the consular officer may, in writing or orally, contact the competent local authorities of the consular district as well as the central authorities of the recipient State, if permitted by the legislation of the recipient State.
3. The consular officer may, with the consent of the recipient State, perform his duties outside the consular district.
4. The consular officer shall be entitled to collect consular fees in accordance with the legislation of the sending State.
1. The consular officer shall be entitled to:
(a) keep a record of the citizens of the sending State;
(b) accept all declarations in connection with national citizenship required under the legislation of the sending State and issue relevant documents;
(c) register and receive communications and documentary evidence of the birth or death of citizens of the sending State;
(d) be married before him in accordance with the laws of the sending State, provided that both persons are citizens of the sending State;
(e) to accept declarations concerning the family relations of citizens of the sending State.
2. The consular officer shall inform the competent authorities of the recipient State of the registration of the documents referred to in points (c) and (d) of paragraph 1 of this Article where the legislation of the beneficiary State so requires.
3. Points (c) and (d) of paragraph 1 of this Article shall not exempt interested parties from the obligation to comply with the formalities laid down in the legislation of the beneficiary State.
The consular officer shall be entitled to:
1. issue, extend, extend and make invalid travel documents of citizens of the sending State;
2. issue visas and necessary documents to persons wishing to travel to the sending State and extend the validity of such documents.
1. The consular officer shall have the right to conduct notarial acts in the consular district in accordance with the law of the sending State, unless they conflict with the law of the receiving State:
(a) at the request of a person, irrespective of his nationality, for use in the sending State;
(b) at the request of a citizen of the sending State for use outside that State.
2. The consular officer shall have the right to translate documents and to verify the accuracy of the translation.
A consular officer shall be entitled to carry out the following acts in accordance with Article 31 of this Convention:
1. Accept, write and verify the declarations of the citizens of the sending State.
2. Write, verify and hide the wills of the citizens of the sending state.
3. Write or verify legal acts concluded between citizens of the sending State and confirm unilateral legal acts, unless they conflict with the law of the receiving State. A consulate may not write and confirm acts of law which establish or abolish property rights in rem situated in the recipient State.
4. To draw up or verify acts of law between the citizens of the sending State and the citizens of the receiving State, provided that such acts relate exclusively to interests in the territory of the sending State or to matters to be implemented in the territory of that State, provided that such acts do not conflict with the legislation of the receiving State.
5. Verify the documents issued by the authorities or official persons of the sending State or the receiving State, as well as verify copies, translations and extracts of such documents.
6. To verify the signatures of the citizens of the sending State on all kinds of documents, where the content of such documents is not contrary to the law of the receiving State.
7. Accept in custody the assets and documents of the citizens of the sending State or for those citizens, unless this is contrary to the law of the receiving State.
8. Perform other acts belonging to the functions of consular officer, unless they are contrary to the law of the recipient State.
The consulate official referred to in Article 32 of this Convention, drawn up, certified or translated, shall have the same legal effect and powers of proof in the recipient State as those drawn up, translated or certified by the competent authorities of the beneficiary State.
1. The powers of consular officials in matters of succession shall be governed by the Treaty on Legal Assistance in Civil and Criminal Matters between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria.
2. The competent authorities of the beneficiary State shall inform the consular officer of the death of the citizens of the sending State and shall communicate to him details of the inheritance, heirs, deceased persons and the existence of a will.
3. The competent authorities of the beneficiary State shall inform the consular officer of the existence of an inheritance in the recipient State where the heir or deceased is a citizen of the sending State.
This also applies to cases where the competent authorities of the beneficiary State are aware of the existence of an inheritance for the benefit of a citizen of the sending State in the territory of a third State.
The consular officer shall be entitled to represent the citizens of the sending State in the consular area before the authorities of the recipient State if, in the absence or for other serious reasons, such persons are unable to defend their rights and interests in good time. Representation shall take place as long as the represented persons do not appoint their agents or take up their own rights and interests.
1. The consular officer shall have the right to establish contact with each citizen of the sending State in the consular district and may advise and provide all assistance, including legal assistance. The receiving State shall in no way restrict the contact of the citizens of the sending State with the consular office and their access to the consular office.
2. The competent authorities of the beneficiary State shall immediately inform the consular officer of the sending State of the arrest, detention or detention in the custody of the citizen of the sending State.
3. The consular officer shall have the right to visit and contact as soon as possible with a citizen of the sending State who is arrested, detained, in custody or in the execution of a prison sentence.
The rights referred to in this paragraph shall be exercised in accordance with the legislation of the beneficiary State, which cannot, however, be excluded.
1. The consular officer shall have the right to provide all assistance and support in the consular district to ships of the sending State located in ports, coastal or internal waters of the receiving State.
2. The consular officer may contact the competent authorities of the beneficiary State for assistance on all matters relating to the performance of his duties as regards ships of the sending State, the captain, crew members and passengers of those ships.
The consular officer shall be entitled to:
1. Without prejudice to the authority of the recipient State to investigate any accidents occurring during the voyage or at the time when the ship of the sending State was in the ports of the receiving State, to question the captain and each crew member of the ship of the sending State, to check the ship's documents, to receive reports concerning the ship's voyage and its destination, as well as to assist in the entry, exit and position of the ship in the port.
2. Without prejudice to the authority of the recipient State to deal with disputes of all kinds between the captain and the crew members, including disputes concerning wages and employment contracts, where permitted by the legislation of the sending State.
3. Take measures for hospital treatment and return to the receiving State of the captain or any member of the crew or passenger ship.
4. Accept, issue or verify any declarations or other documents relating to a ship foreseen by the law of the sending State.
5. Issue provisional documents for shipping newly purchased or built ships.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 63 / 1974 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Bulgaria |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.06.1974 |
|---|---|
| Effective from | 23.03.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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