Decree of the Minister for Foreign Affairs No. 79 / 1971 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the French Republic
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Effective from 06.02.1971
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79
DECLARATION
Minister for Foreign Affairs
of 25 February 1971
concerning the Consular Convention between the Czechoslovak Socialist Republic and the French Republic
On 22 January 1969 the Consular Convention between the Czechoslovak Socialist Republic and the French Republic was signed in Prague.
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 Paris on 7 January 1971.
Pursuant to Article 52 thereof, the Convention entered into force on 6 February 1971.
The Czech version of the Convention shall be published simultaneously.
Minister:
Ing. Marko v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the French Republic
President of the Czechoslovak Socialist Republic
and
President of the French Republic,
led by the desire to establish and develop rules that would apply in consular relations between the two States in a spirit of friendship and cooperation,
have decided to conclude the Consular Convention and have appointed to this end their agents:
President of the Czechoslovak Socialist Republic
Václav Pleskot, Secretary of State in the Ministry of Foreign Affairs,
President of the French Republic
Roger Lalouette, extraordinary and authorised ambassador of the French Republic to the Czechoslovak Socialist Republic,
who have exchanged their powers of attorney which they have found in good and proper form and have agreed on the following provisions:
Definitions and general provisions
For the purposes of this Convention, the following expressions have the following meanings:
(a) the term "consular post" means the consulate-general, the consulate-general or the vice-consulate;
(b) "consular circuit" means a territory designated by the consular office for the performance of consular functions;
(c) the term "Head of the consular post" means the person authorised by the sending State to perform the duties associated with this function;
(d) the term "consular officer" means any person, including the Head of the consular post, responsible for carrying out consular functions in this capacity;
(e) "consular staff" means any person employed in the administrative or technical services of the consular office;
(f) "member of auxiliary staff" means any person employed in the domestic services of the consular office;
(g) 'members of the consular post' means consular officials, consular staff and auxiliary staff;
(h) the term "members of consular staff" means consular officials other than the head of the consular post, consular staff and auxiliary staff;
(i) "member of private staff" means any person employed exclusively in the private service of a member of the consular post;
(j) the term "consular rooms" means buildings or parts of buildings and land attached thereto, used exclusively for the purposes of the consular office, irrespective of who the owner is;
(k) the term "consular archives" includes all documents, documents, correspondence, books, films, recording tapes and registers of the consular post, together with encryption material, files and equipment intended for their protection and storage.
1. The Consultative Office may be established in the territory of the beneficiary State only with its consent.
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 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.
1. The Head of the consular post shall be recruited to perform his duties on the basis of the permission of the recipient State, the exocvatur, which shall be granted upon presentation of the consultative patent.
2. The consular patent shall certify the name, surname and class of the head of the consular post, the consular district and the seat of the consular post.
3. A State which refuses to grant an exequatur shall not be obliged to inform the sending State of the reasons for its refusal.
4. 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.
1. If, for any reason, the Head of the consular post is unable to perform his duties or if the post of Head of consular post is temporarily vacant, the sending State may delegate the post of temporary head of consular post to the consular officer of that office or of another consular office or member of diplomatic staff of a diplomatic mission; the name of that person must be communicated provisionally to the Ministry of Foreign Affairs of the beneficiary State.
2. The temporary Head of the consular post shall be granted the rights, privileges and immunities enjoyed by the Head of the consular post under this Convention.
3. The delegation of a diplomatic staff member to a diplomatic mission of a consular State pursuant to paragraph 1 of this Article shall not restrict the privileges and immunities accorded to him on the basis of his diplomatic status.
As soon as the Head of the consular post is accepted for the performance of his duties, whether provisionally or ad interior, the recipient State shall immediately inform the competent authorities of the consular district and take appropriate measures to enable the Head of the consular post to carry out the duties arising from his office and to benefit from this Convention.
Consulate officials may only have citizenship of the sending State.
1. The receiving State may at any time and without giving reasons for its decision notify the sending State that a 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, depending on the nature of the case, withdraw the person concerned, terminate his duties at the consular office or revoke his appointment.
2. Where the sending State refuses or omits to comply, within a reasonable period of time, with the obligations it has pursuant to paragraph 1 of this Article, the receiving State may, depending on the nature of the case, withdraw the exequatur or cease to consider it as a member of the consular staff.
1. The Ministry of Foreign Affairs of the beneficiary State shall be notified in writing:
(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 belonging to his household and, where applicable, cases where a person becomes or ceases to be a member of his 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 settled in the recipient State as regards members of the consular post or members of private staff.
2. Whenever possible, arrival and final departure shall also be notified in advance in writing.
The post of member of the consular post shall end, inter alia:
(a) a written notification by the sending State to the receiving State that its functions have ceased;
(b) by withdrawal of exocvatur;
(c) a written notification by the recipient State to the sending State that the recipient State has ceased to consider it as a member of consular staff in the cases foreseen by Article 7 (2).
Privileges and immunities
1. The receiving State shall fully facilitate the performance of the functions of consular and consular officials and shall take the necessary measures to enable them to enjoy the rights, privileges and immunities set out in this Convention.
2. The beneficiary State shall treat the members of the consular post with due respect and shall take all appropriate measures to ensure their protection, freedom and dignity.
1. The sending State shall have the right to use its flag and national emblem in the recipient State in accordance with the provisions of this Article.
2. The State flag of the sending State may be displayed and the national emblem placed on the building of the consular office and its entrance, the residence of the Head of the consular office and its means of transport, if used for service purposes.
3. The laws, regulations and practices of the beneficiary State shall be taken into account in the exercise of the right under this Article.
1. The receiving State shall either facilitate the acquisition of rooms necessary for the consular office within its territory within the framework of its laws and regulations, or assist it in other ways.
2. If necessary, it shall also assist the consular post in obtaining suitable accommodation for its members.
1. The members of the consular post shall not be subject to the jurisdiction of the recipient State in respect of the performance of their duties.
2. However, the provisions of the preceding paragraph of this Article shall not apply to civil proceedings initiated by a third party in the event of damage caused in the recipient State by an accident caused by a vehicle, ship or aircraft.
3. If a member of the consular post who is a citizen of the sending State commits a criminal offence outside the territory of the receiving State under the laws of that State, the sending State shall immediately be informed thereof by diplomatic channels.
4. A consular officer may not be arrested, taken into custody or in the execution of a custodial sentence, or subjected to any other restrictions on liberty, except that he is subject to either a court order or a prosecutor's order for a serious offence to which the legislature of the recipient State provides for a custodial sentence of at least five years or a final judgment of the court.
1. Members of the consular post may be invited to appear as witnesses to judicial or administrative proceedings. Consultant staff and auxiliary staff may not refuse to give evidence except in the cases referred to in paragraph 3 of this Article. If the consular officer refuses to give evidence, no enforcement measures or other penalties may be applied against him.
2. The authority requesting the testimony must ensure that it does not restrict the consular officer in the performance of his duties. Whenever possible, he may accept or accept testimony in writing at his residence or consular office.
3. Members of the consular post and their family members 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 to such matters. They shall also be entitled to refuse to submit an opinion as experts in the national law of the sending State.
1. The sending State may waive the privileges and immunities referred to in Articles 13 and 14 with a member of the consular post.
2. The surrender of privileges and immunities shall in all cases be explicit, with the exception of the provisions of paragraph 3 of this Article, and shall be communicated in writing to the beneficiary State.
3. Where a consular officer or consular staff commences proceedings in a case in which he would benefit from an exemption from jurisdiction pursuant to Article 13, he may not rely on an exemption from jurisdiction in respect of actions relating directly to the main action.
4. Giving up immunity from jurisdiction in civil or administrative matters does not mean waiving immunity as regards the execution of a judgment; This immunity must be waived separately.
1. Buildings or parts of buildings and land belonging thereto which are used exclusively for consular purposes and the residence of the head of the consular post 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 person authorised by one of them.
2. Subject to the provisions of paragraph 1 of this Article, the recipient State shall have a specific obligation to take all reasonable measures to protect consular rooms against any assault or damage and to prevent the disturbance or damage to the dignity of the consular post.
3. Consular rooms, their facilities, the property of the consular office and its means of transport shall not be subject in any form to props for national defence or public needs. Where expropriation is necessary for those purposes, it shall be carried out in such a way that the rules of international law are not infringed and all appropriate measures shall be taken to prevent any disruption in the performance of consular functions.
Consular archives and documents are always untouchable wherever they are found.
The receiving State shall exempt members of the consular post and their family members living with them in the common household from all personal services, public services of any kind and from military duties such as props, military contests and military accommodation.
1. Consulate officials, consular staff and members of their families living with them in the common household shall be exempt from all obligations imposed by the laws and regulations of the recipient State with regard to registration of foreigners, residence permits, work permits and other formalities generally applicable 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 a private gainful activity in the recipient State or to members of their families.
1. Subject to the provisions of paragraph 3 of this Article, members of the consular post shall be exempt from social security provisions which may apply in the recipient State in respect of the services they perform for the sending State and their family members living with them in the common household.
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 citizens of or permanent residents of the beneficiary State;
(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. Consumers and consular staff and their family members living with them in the common household shall be exempt from all taxes and charges, whether personal or in-kind, national, regional or local, except:
(a) indirect taxes normally included in the price of goods or services;
(b) taxes and charges on private immovable property in the territory of the beneficiary State, subject to the provisions of Article 24;
(c) inheritance and transfer charges levied by the beneficiary State, subject to the provisions of paragraph (b) of Article 23;
(d) taxes and charges on private income of all kinds originating in the beneficiary State, including profits resulting from the transfer of assets;
(e) taxes and charges levied on the provision of special services;
(f) registration, judicial, mortgage and stamp fees, subject to Article 24.
2. The members of the auxiliary staff shall be exempt from the taxes and salary charges they receive for their services.
3. Members of the consular post who employ persons whose salaries or wages are subject to income tax in the recipient State must fulfil the obligations imposed by the laws and regulations of that State in respect of the collection of income tax.
1. The accepting State shall, in accordance with the laws and regulations which it may issue, authorise import and grant exemption from all customs duties, taxes and other charges other than 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 and their family members living with them in the common household, including articles intended for their initial establishment. Consumer articles may not exceed the quantity required for direct consumption by the persons concerned.
2. Consultants shall enjoy the privileges and exemptions referred to in paragraph 1 of this Article if they are articles imported on taking up office.
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 subparagraph (b) (1) of this Article or that the import or export of which is prohibited by the laws and regulations 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 or his family member.
In the event of the death of a member of the consular post or a member of his family living with him in the common household, 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 his death;
(b) shall not levy national, regional or local inheritance or 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 or a family member of a member of the consular post.
1. The consular rooms and residences of the Head of the consular post whose owner or tenant is the sending State or any person acting on its behalf shall be exempt from all national, regional or local taxes and charges, with the exception of fees levied for the provision of special services.
2. The tax exemption referred to in paragraph 1 of this Article shall not apply to taxes and charges which are to be paid under the laws and regulations of the recipient State by persons entering into a contractual relationship with the sending State or by a person acting on its behalf.
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 couriers, diplomatic or consular baggage and coded or encrypted messages.
2. Official correspondence of the consular office shall be inviolable. The term "official correspondence 'means all correspondence relating to the consular office and its functions.
3. 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.
4. Consular baggage may be entrusted to the ship's captain or to a civilian 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 laws and regulations on areas to which access is prohibited or modified for reasons of national security, the recipient State shall ensure freedom of movement and travel within its territory to all members of the consular post.
Consular competence and consular functions
Consultants shall be entitled to:
(a) protect the rights and interests of the sending State and its citizens, including legal persons, 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.
Consultative officials may, in the performance of their duties, refer to:
(a) the competent local authorities of their consular district;
(b) the competent central authorities of the beneficiary State, where permitted by the laws, regulations and practices of the recipient State or by international agreements governing the matter.
1. In accordance with the laws and regulations of the receiving State, the consular officer shall have the right to represent or take measures to ensure the appropriate representation of the citizens of the sending State before the courts and other authorities of the receiving State in cases where, for absence or otherwise, he is unable to defend his rights and interests in good time. The same applies to legal entities of the sending State.
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. Where the consular officer represents the persons referred to in paragraph 1 of this Article, he shall be subject to the law of the recipient State and the jurisdiction of his judicial and administrative authorities under the same conditions and to the same extent as the citizen of that State in the performance of that function.
Consultant officials shall have the right to:
(a) register citizens of the sending State;
(b) issue passports or other travel documents to the citizens of the sending State and extend them;
(c) issue visas and necessary documents to persons wishing to travel to the sending State and extend the validity of such documents.
1. To the extent provided for by the legislation of the sending State, the consular officer shall be entitled:
(a) the acquisition of birth and death certificates of citizens of the sending State and copies of such documents;
(b) to marry and issue appropriate documents, provided that the two fiancé are citizens of the sending State, and provided that the competent authorities of the recipient State so inform, if required by their legislation;
(c) to record or register the annulment of a marriage under the legislation of the sending State.
2. Those provisions shall not exempt persons concerned from the obligation to report prescribed by the legislature of the beneficiary State.
3. The competent authorities of the beneficiary State shall immediately and free of charge send copies and extracts of the documents relating to the citizens of the sending State and required for administrative purposes to the consular office.
The consular officer shall be entitled to:
1. accept and certify declarations from citizens of the sending State;
2. to write, certify and take over in the custody of the will and other documents and declarations of the citizens of the sending State;
3. certify or verify signatures of citizens of the sending State;
4. submit and verify all documents and documents issued by the authorities of the sending or receiving State and certify translations, copies and extracts thereof.
Consulate officials shall be entitled to carry out the following tasks at the consular office, at their apartment, at the apartment of one of their fellow citizens and on a ship or on an aircraft of the sending State:
1. the drawing up and verification of the authenticity of documents and contracts which the citizens of the sending State wish to conclude where such documents and contracts do not conflict with the legislation of the receiving State and do not concern the establishment or transfer of property rights situated in that State;
2. the drawing up of documents and contracts and the verification of their authenticity without regard to the nationality of the Contracting Parties, provided that such documents and contracts relate only to property or rights existing in the sending State or concern matters to be carried out in that State, provided that those documents and contracts do not conflict with the legislation of the receiving State.
Consulate officials shall be entitled to receive from the citizens of the sending State to the depository, money, valuable items and other property belonging to them.
Such documents, money, valuable items and property may be exported from the beneficiary State only in accordance with its legislation.
The documents and documents referred to in Articles 32 and 33 shall have the same validity in the beneficiary State as documents certified or certified by the judicial authorities or other competent authorities of that State.
The receiving State shall accept, without verification, the signatures of the consuls on the documents issued or authenticated by the consul, provided that those documents are stamped and the authenticity of the documents can be assessed.
Consulting officers shall be entitled to service judicial and extrajudicial documents and to process legal documents under applicable international agreements or, in the absence of such agreements, by any other means consistent with the laws and regulations of the recipient State.
1. The competent authority of that State shall immediately inform the consular office of the death of a citizen of the sending State in the territory of the receiving State.
2. It shall be treated in the same way if the heir, another authorised participant or the referee to whom the inheritance is to be held in the territory of the recipient State is a national of the sending State but does not reside in the territory of the recipient State and is not legally represented.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 79 / 1971 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the French Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.1971 |
|---|---|
| Effective from | 06.02.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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