Decree of the Minister for Foreign Affairs No. 64 / 1974 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Republic of Romania
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Effective from 24.03.1974
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64
DECLARATION
Minister for Foreign Affairs
of 29 March 1974
concerning the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Republic of Romania
On 9 December 1972, the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Republic of Romania was signed in Bucharest.
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 22 February 1974.
Pursuant to Article 51 (1) of the Convention, the Convention entered into force on 24 March 1974.
The Czech text of the Convention shall be published simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Socialist Republic of Romania
Czechoslovak Socialist Republic and Romanian Socialist Republic,
Desiring to further develop friendly relations under the Treaty of Friendship, Cooperation and Mutual Assistance between the Czechoslovak Socialist Republic and the Socialist Republic of Romania, concluded in Prague on 16 August 1968,
Wishing to adjust their consular contacts, to lay down the rights, privileges and immunities of consular posts and their members, and to ensure the protection of their interests and citizens,
have decided to conclude the Consular Convention and to this end have appointed their agents:
President of the Czechoslovak Socialist Republic
Ing. Bohuslav Chubek,
Minister for Foreign Affairs,
State Council of the Socialist Republic of Romania
George Macovescu,
Minister for Foreign Affairs,
who, after the exchange of full powers which have been found to be in good and proper form, have agreed on the following:
Definitions
Within the meaning of this Convention:
(a) the "consular office" shall mean any consulate-general, consulate-general, vice-consulate or consulate,
(b) "consular circuit" means the territory designated by the consular office for the performance of its functions;
(c) "Head of the consular post" shall mean the person empowered to perform the duties associated with this function;
(d) "consular officer" means any person, including the head of the consular post, responsible for carrying out consular functions in this capacity;
(e) "consular staff" shall mean a person employed in the administrative or technical services of the consular office;
(f) "member of staff" shall mean a person employed in the domestic services of the consular office;
(g) "members of the consular post" shall mean consular officials, consular staff and staff members;
(h) "member of private staff" means a person employed exclusively in the private service of a member of the consular post;
(i) "family members" shall mean the spouse (spouse), children and parents of a member of the consular post, provided that such persons live in the same household with him;
(j) "consular rooms" means buildings or parts of buildings and land belonging to them used exclusively for consular purposes, irrespective of their owner;
(k) "consular archives" shall include all documents, documents, correspondence, books, films, recording tapes and registers of the consular office, together with the codes, files and any part of the equipment intended for their protection and storage;
(l) "ship of the sending State" means any vessel using the flag of the sending State in accordance with its legislation.
CHAPTER I
CONSULAR STABLES
Establishment of consular offices
1. Each Contracting Party may establish consular offices within the territory of the other Contracting Party only with its consent.
The seat and the classification of the consular post and the consular district shall be established by agreement between the sending and receiving States.
3. Any subsequent change to the seat of the consular office, its classification or its consular perimeter shall also be made by agreement between the sending State and the receiving State.
Consulate patent and exequatur
1. For the appointment of the Head of the consular post, the sending State must obtain the prior consent of the receiving State through diplomatic channels.
2. Upon receipt of this consent, the sending State shall send a consultative patent to the Ministry of Foreign Affairs of the beneficiary State through diplomatic channels. The consulate patent shall certify rank and include the name, surname and class of the head of the consular post, the boundary of the consular district and the seat of the consular post.
3. The Head of the consular post shall be authorised to perform his duties under the authority of the recipient State, called exequatur.
4. Pending the issue of exequatur, the receiving State may grant the Head of the consular post provisional authorisation to perform his duties. In this case, the provisions of this Convention shall apply to it.
5. Since the Head of the consular post has been authorised, even on a provisional basis, to perform his duties, the recipient State shall immediately inform the competent authorities in the consular district and take the necessary measures to enable the Head of the consular post to carry out its duties.
Temporary performance of functions
1. In the event that the Head of the consular post is unable to perform his duties or his post is vacant, the Head of the consular post may be temporarily entrusted to the consular officer of the same consular post or to another consular post of the sending State located in the territory of the recipient State or to a member of diplomatic staff of the diplomatic mission of the sending State in the recipient State.
2. The name and surname of the person responsible for the temporary management of the consular post shall be notified in advance to the Ministry of Foreign Affairs of the beneficiary State in accordance with paragraph 1.
3. The temporary Head of the consular post shall enjoy the privileges, privileges and immunities provided by this Convention to the Head of the consular post.
Citizenship of members of the consular post
1. Consultant officials may only be citizens of the sending State, may not reside in the territory of the receiving State and may not be seconded to that State with another mission.
2. Consular staff and members of the staff of the consular post may only be citizens of the sending or receiving State.
Motivation of appointment of members of the consular post
The name, surname and class of consular officers other than the Head of the consular post, as well as the name and surname of the consular staff of the office and of the staff of the consular post, shall be notified in advance to the Ministry of Foreign Affairs of the recipient State.
Termination of consular posts
1. The receiving State may at any time, without having to state the reasons for its decision, inform the sending State by diplomatic channels that it is withdrawing exequatur or any other authorisation for the head of the consular post or that another member of the consular post is unacceptable. In such a case, the sending State shall, depending on the nature of the case, withdraw the person or terminate his duties at the consular office.
2. If the sending State fails to comply with this obligation within a reasonable period of time, the receiving State may no longer consider that person as a member of the consular post. This decision shall be communicated to the sending State by diplomatic channels.
CHAPTER II
CONSULAR FUNCTIONS
Purpose of consular activity
The purpose of consular functions is to:
(a) promoting friendly contacts between the sending and receiving States and facilitating the development of economic, commercial, scientific, cultural and tourist contacts between the two States;
(b) the protection of the rights and interests of the sending State and its citizens in the receiving State;
(c) providing support and assistance to citizens of the sending State;
(d) information by all permissible means on the conditions and developments of economic, commercial, scientific, cultural and tourist life in the beneficiary State.
Consular function performance
1. Consular functions shall be performed by consular officials of the sending State.
2. Consultative functions may also be performed by members of diplomatic staff of the diplomatic mission of the sending State in the recipient State. In this case, they will continue to enjoy the benefits, privileges and immunities granted to them under their diplomatic status.
3. Consular functions are performed at the borders of the consular district. They may be carried out outside the consular perimeter only with the prior consent of the recipient State.
Contact with the authorities of the beneficiary State
1. In the performance of consular functions, the consular officer may refer to:
(a) the competent local authorities in the consular district;
(b) the competent central authorities of the beneficiary State, where permitted by the laws and practices of the recipient State or by the relevant international agreements, to the extent permitted by them.
2. The consular officer may contact the Ministry of Foreign Affairs of the recipient State directly only in the absence of a member of the diplomatic staff of the diplomatic mission of the sending State.
Registration of citizens of the sending State
1. The consular officer shall have the right to register the citizens of the sending State who are temporarily resident or resident in his consular district.
2. A registration carried out by a consular officer shall not exempt such citizens from the obligation to comply with the rules of the recipient State concerning the registration of foreigners.
Representation of citizens of the sending State before the judicial and other authorities of the receiving State
The consular officer shall be entitled, in accordance with the law of the recipient State, to take measures to ensure the representation of the citizens of the sending State before the authorities of the receiving State, if they are absent or unable, for any other reason, to defend their rights and interests in good time.
Issue of passports and issuing of visas
The consular officer shall have the right:
(a) to issue, renew, renew or withdraw passports and other travel documents of citizens of the sending State and to make changes to such passports and other travel documents in accordance with the legislation of the sending State;
(b) to issue entry or transit visas to persons wishing to travel to or through the sending State.
Matrix functions
1. The consular officer shall have the right to register the birth and death of citizens of the sending State and to issue appropriate documents. However, such registration shall not exempt the persons concerned from the obligation to comply with the formalities required by the legislation of the beneficiary State in respect of the registration of birth and death.
2. A consulate official shall be entitled, in accordance with the laws of the sending State, to surrender persons, provided that they are both citizens of the sending State, and to issue appropriate documents. It shall inform the authorities of the beneficiary State of the marriages entered into.
3. The competent authorities of the beneficiary State shall inform the consular office immediately as soon as they have heard of the death of the citizens of the sending State in the territory of the recipient State.
Function in matters of guardian and guardian
1. The consular officer may intervene, to the extent permitted by the legislation of the recipient State, and in accordance with the Treaty on Legal Assistance in Civil, Family and Criminal Matters between the two Parties, with the competent authorities in all cases relating to the custody and custody already provided for, or to be established, for the benefit of the citizens of the sending State and to ensure the management of their property in their absence; it may also propose to the competent authorities of the beneficiary State persons to exercise custody or custody.
2. The competent authorities of the beneficiary State shall inform the consular officer without delay of cases where provision is required for a guardian or guardian for a citizen of the sending State.
Notary functions
1. In accordance with the legislation of the beneficiary State, the consular officer shall be entitled to carry out the following acts:
(a) receive, confirm and verify declarations from citizens of the sending State;
(b) to write, verify and accept the will of the citizens of the sending State;
(c) receive, acquire and verify documentary evidence relating to other legal acts of the citizens of the sending State if they are to have legal effect outside the territory of the beneficiary State and do not affect immovable property situated in its territory or rights in rem in such real estate;
(d) to confirm the time data, where there are legal consequences, and to legalise the signatures of the citizens of the sending State;
(e) at the request of the citizens of the sending State, legalise copies, translations or extracts of written documents;
(f) to see certificates of origin and other similar documents,
(g) to legalise signatures and seals on documents issued by judicial or other authorities of the recipient State to be used in the sending State;
(h) receive for safekeeping from or intended for citizens of the sending State.
2. The documents referred to in paragraph 1 shall have the same legal validity in the beneficiary State and the same powers of proof as those certified, legalised or certified by the competent authorities of that State.
Function in matters of succession
1. Consultant officials shall perform duties in matters of succession in accordance with the Treaty on Legal Assistance in Civil, Family and Criminal Matters between the two Parties.
2. In the event that a citizen of the sending State has died in the territory of the receiving State, the competent authority of that State shall inform the consular office without delay and shall communicate to him any information at his disposal concerning the heirs, the references, their place of residence or residence, the inheritance and the existence of the will. It will inform the consular office even if it is found that a citizen of the sending State has left his inheritance on the territory of a third State.
Sea and river transport functions
1. The consular officer shall have the right to provide assistance to ships of the sending State which enter or are located in a port in the consular district; may help facilitate the entry, position and departure of ships from port in its consular district.
2. In accordance with the legislation of the sending State, the consular officer shall have the right to enter into contact with the crew of the sending State, to visit, verify and confirm the ship's documents and documents relating to the cargo and to ensure compliance with the provisions of the sending State on navigation on such ships.
Without prejudice to the powers of the authorities of the beneficiary State and in accordance with the legislation of the sending State, the consular officer may also investigate all events occurring during the voyage of the ship, interview the captain and crew members, take reports of the journey of the ship and take the necessary measures to ensure order and discipline on the ship.
3. In the event of an accident, a landslide or a shipwreck in the internal or coastal waters of the receiving State, the competent authorities of the receiving State shall immediately inform the consular office closest to the site of the accident, and inform them of the measures taken to rescue and secure the ship, crew, passengers, cargo, supplies and other property. These authorities shall also provide the consular officer with the necessary support for the measures necessary as a result of the accident, the hire of a shallows or a shipwreck. If this is not contrary to the legislation of the recipient State, the competent authorities of the beneficiary State shall invite the consular officer to participate in the investigation of the causes of the accident, of hire or of a shipwreck. The consular officer may request the authorities of the beneficiary State to take measures to rescue and secure the ship, crew, passengers, cargo, supplies and other property.
4. Where the owner or operator of a crashed ship or ship that has crashed or crashed or any other person authorised to act on its behalf cannot take the necessary measures concerning the ship, cargo, its stocks or other assets on board, the consular officer may take such measures on behalf of the owner, operator or authorised person. The consular officer may also take measures concerning any items belonging to a citizen of the sending State which come from cargo or supplies transported to a port or found on the coast, near the coast or on a shipwreck. No customs fee shall be levied for that ship or cargo or its supplies except where they have been made for consumption or use in the recipient State.
5. The provisions of paragraphs 3 and 4 shall also apply to the assets of a citizen of a sending State on a ship of a third State.
6. Where the authorities of the beneficiary State intend to take action on a ship of the sending State concerning their criminal jurisdiction, they shall inform the consular office in advance so that the consular officer may be present for the implementation of such measures or for prosecution. If, in urgent cases, prior information to the consular post has not been possible and the consular officer has not been present in the implementation of these measures, the authorities of the recipient State shall immediately inform the consular post of the measures taken. The consulate shall be informed even if the crew members of the ship are investigated by the authorities of the recipient State.
The provisions of this paragraph shall not apply to customs, medical and passport checks.
7. The consular officer shall have the right, in accordance with the laws of the sending State, to accept any declarations and to issue any documents relating to:
(a) the entry or deletion from the register of the sending State;
(b) the purchase of foreign ships intended to be entered in the register of the sending State or the sale of that State's ship abroad;
(c) equipment or withdrawal of equipment from a ship registered in the State of transmission;
(d) the loss or accident of a ship entered in the register of the sending State.
8. The provisions of this Article shall not apply to warships.
Civil aviation functions
Article 18 shall apply mutatis mutandis to civil aviation, provided that it does not conflict with other applicable contracts between the two Contracting Parties.
Other consular functions
In addition to the functions provided for in this Convention, the consular officer may, with the prior consent of the beneficiary State, perform any other functions entrusted to him by the sending State.
Provisions concerning legal persons
The provisions of this Convention relating to the citizens of the sending State shall apply mutatis mutandis to legal persons having the jurisdiction of that State in accordance with its legislation.
Prohibition of certain activities
Members of the consular post shall not engage in business or other occupation of a gainful nature other than the consular functions or duties they perform at the consular office.
CHAPTER III
ADVANCES, PRINCIPLES AND IMMUNITY
Facilitating the activities of the consular post and its members
1. The beneficiary State shall take all necessary measures to enable the consular office and its members to exercise their functions and to benefit from the privileges, privileges and immunities provided by this Convention.
2. The beneficiary State shall treat the members of the consular post with due respect and shall take all measures to prevent any attack against their person, freedom and dignity.
Use of the national emblem and flag
1. The consular office building and the residence of the Head of the consular post may include the emblem of the sending State and the designation of the consular office in both the language of the sending State and the language of the receiving State.
2. The flag of the sending State may be displayed at the headquarters of the consular office, the residence of the head of the consular post and the means of transport of the head of the consular post used in the performance of his official duties.
3. In exercising the rights conferred by this Article, account shall be taken of the laws and practices of the beneficiary State.
Facilitating the procurement of consular rooms and condos by members of the consular post
The receiving State shall facilitate the sending State, in accordance with its legislation, to obtain consular rooms on its territory or to help the otherwise sending State to obtain such rooms.
The beneficiary State will also assist the consular post in providing suitable apartments for members of the consular post.
Non-touchability of consular rooms and flats
1. The consular rooms and apartments of consular officials and consular staff shall be inviolable. The authorities of the beneficiary State may not enter them without the consent of the Head of the consular office of the sending State, the Head of the diplomatic mission of that State or the person designated by them.
2. Paragraph 1 shall not apply to condos of consular staff who are citizens of the recipient State or who are citizens of the sending State and who are resident in the recipient State.
3. The receiving State shall take all necessary measures to ensure the safety of the consular rooms, to prevent or damage forced entry into the consular rooms, as well as any other activity which distorts or affects their dignity.
4. Consular rooms, means of transport or any other property intended to ensure the activities of the consular office, irrespective of who its owner is, may not be seized, secured or subjected to execution proceedings; means of transport located outside the consular rooms may be inspected only with the agreement of the Head of the consular office or the Head of the diplomatic mission of the sending State.
Tax exemption of consular rooms, apartments and means of transport
(1) Real estate owned or leased by the sending State and intended for the pursuit of consular activities or serving as apartments for consular officials and consular staff who are not citizens of or who are not resident in the receiving State shall be exempt from the taxes and any fees of national, regional or local persons other than service charges actually established.
2. In the case of leased property, the tax exemption shall not apply to taxes or charges which, under the legislation of the beneficiary State, do not bear the burden of the tenants.
3. The exemptions referred to in paragraph 1 shall also apply to means of transport which are the property of the sending State and are intended to carry out consular activities.
Non-touchability of consular archives
Consulate archives and documents are always and everywhere untouchable.
Freedom of communication
1. The receiving State shall allow and facilitate the freedom of communication with the consular authorities of the sending State, as well as diplomatic missions and other consular offices of that State, wherever they are located. To this end, consular authorities may use all public means of communication, diplomatic or consular couriers, diplomatic or consular baggage and coded or encrypted messages. The consulate may establish and use a radio station only after the prior express consent of the recipient State.
2. Official correspondence of the consular office shall be inviolable.
3. The consular baggage shall not be opened or detained.
4. Consular baggage and parts thereof shall be sealed and bear an external visible indication of their nature and may contain only official correspondence or documents and articles relating exclusively to the activities of the consular office.
5. The consular courier shall be provided with an official document indicating its status and the number of consignments constituting consular baggage. The consular courier may not be a citizen of the recipient State or of a person residing in that State. In the performance of his duties, the consular courier shall be protected by the recipient State. It shall enjoy personal integrity and shall not be detained, taken into custody or subjected to any other measure restricting its personal freedom.
6. 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 consular baggage directly and freely from the ship's captain or aircraft and may hand it over to him in the same way.
Connection and protection of citizens of the sending State
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 64 / 1974 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Socialist Republic of Romania |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.06.1974 |
|---|---|
| Effective from | 24.03.1974 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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