Decree of the Minister for Foreign Affairs No. 81 / 1987 Coll.

Q: Is Decree of the Minister for Foreign Affairs No. 81 / 1987 Coll. still valid?

Yes, Decree of the Minister for Foreign Affairs No. 81 / 1987 Coll. is still valid and effective.

81

DECLARATION

Minister for Foreign Affairs

of 21 August 1987

concerning the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Iraq

On 16 August 1985 the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Iraq was signed in Prague.

The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Czechoslovak Socialist Republic. The instruments of ratification were exchanged in Baghdad on 3 March 1987.

The Convention entered into force on the basis of Article 50 thereof on 2 April 1987.

The Czech version of the Convention shall be published simultaneously.

Deputy:

Dr Johanes v. r.

CONSULAR CONVENTION

between

Czechoslovak Socialist Republic

and

Republic of Iraq

Czechoslovak Socialist Republic

and

Republic of Iraq,

led by a common desire to maintain, strengthen and deepen friendly relations on the basis of equality, respect for national sovereignty and non-interference in internal affairs,

Desiring to adjust their consular contacts and define the rights, privileges and immunities of their consular offices and their members and to ensure the protection of their interests and those of their citizens,

have decided to conclude this Consular Convention and to that end have appointed their agents:

President of the Czechoslovak Socialist Republic

Bohuslav Puppy,

Minister for Foreign Affairs of the CSSR,

President of the Republic of Iraq

Tariq Aziz,

Deputy Prime Minister and Minister for Foreign Affairs of the Republic of Iraq,

who, following the exchange of their full powers, found in good and proper form, have agreed as follows:

Definitions

For the purposes of this Convention, the following expressions have the following meanings:

(a) the "consular office" shall be the Consulate General, the consulate, the vice-consulate or the consular office;

(b) "consular circuit" means a territory designated by the consular office for the performance of consular functions;

(c) "Head of the consular post" means the person authorised by the sending State to carry out the duties associated with this function;

(d) "consular officer" means any person, including the head of the consular post, in charge of carrying out consular functions;

(e) "consular staff" means any person employed in the administrative or technical services of the consular office;

(f) "member of staff" means any person employed in the domestic service of the consular office;

(g) "members of the consular post" shall mean consular officials, consular staff and staff members;

(h) "members of consular staff" shall mean consular officials, in addition to the head of the consular office, consular staff and staff members;

(i) "member of private staff" means a person employed exclusively in the private service of a member of the consular post;

(j) "family members" means the spouse, children and parents of a member of the consular post who live with him in the same household;

(k) "consular rooms" means buildings or parts of buildings and land attached thereto exclusively for the purposes of the consular office, irrespective of who their owner is, including the residence of the head of the consular post;

(l) "consular archives" shall mean all documents, documents, correspondence, books, seals, films, records and registers of the consular office, together with the codes and codes, files and any part of the equipment intended for their protection and storage;

(m) "official correspondence" means all correspondence relating to the consular office and its functions;

(n) "ship of the sending State" means any ship flying the flag of or registered in the sending State, with the exception of warships;

(o) "aircraft of the sending State" means any aircraft which has the jurisdiction of the sending State which is registered in that State in accordance with its laws and regulations and bears its designation, with the exception of military aircraft.

CONSULTING STYLES GENERAL

Establishment of a consular office

1. Each Contracting Party may, with the agreement of the beneficiary State, establish a consular office within its territory.

2. The seat of the consular office, its classification and the consular perimeter shall be determined by the sending State and shall be subject to the approval of the recipient State.

3. Additional changes to the seat of the consular office, its classification or 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 office but located outside its seat.

Citizenship of consular officials

Only a citizen of the sending State who has no permanent residence in the territory of the recipient State may be a consulate official.

Appointment and acceptance of consular heads

1. The Head of the consular posts shall be appointed by the sending State and accepted to perform his duties by the receiving State.

2. In keeping with the provisions of this Convention, the formalities for the appointment and acceptance of the head of consular posts shall be governed by the laws, regulations and practices of the sending State or, where applicable, the recipient State.

3. The sending State shall provide the Head of the consular post with a document in the form of a patent or similar document drawn up for each appointment separately, certifying its functions and indicating, as a general rule, its full name, category and class, consular circuit and seat of the consular post.

4. The sending State shall send the patent or similar document by diplomatic or other appropriate means to the Government of the State in whose territory the Head of the consular post is to perform his duties.

5. The Head of the consular post shall be recruited to perform his duties on the basis of the acceptance of the recipient State called exocvatur, whatever the form of admission is.

6. A State which refuses to provide exequatur shall not be obliged to inform the sending State of the reasons for its refusal.

7. Pending service of the exquatur, the Head of the consular post may be recruited on a provisional basis to perform his duties. In that case, the provisions of this Convention shall apply.

Notification of consular authorities

As soon as the Head of the consular post is accepted, even on a provisional basis, to perform his duties, the receiving State shall inform the competent authorities of the consular district without delay. It shall also ensure that the necessary measures are implemented so that the Head of the consular post can carry out the duties arising from his office and benefit from the provisions of this Convention.

Temporary performance of the post of Head of the consular post

1. In the event that the Head of the consular post is unable to perform his duties or that the post of Head of the consular post is temporarily vacant, the sending State may delegate the post of temporary head of the consular post to the consular officer of that office or other consular post or to a member of diplomatic staff of a diplomatic mission.

2. The name of the temporary head of the consular post shall be communicated in advance to the recipient State through diplomatic channels.

3. The temporary Head of the consular post shall be granted the privileges, privileges and immunities enjoyed by the Head of the consular post under this Convention.

4. If, in the circumstances referred to in paragraph 1 of this Article, a member of the diplomatic staff of the diplomatic mission of the sending State is entrusted in the recipient State with the function of interim head of office, he shall, unless the beneficiary State objects to it, continue to enjoy diplomatic privileges and immunities.

Notification to the beneficiary State of appointment, arrival and departure

1. The following shall be notified to the Ministry of Foreign Affairs of the beneficiary State or to the authority designated by that Ministry:

(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 status 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 and, where applicable, cases where a person becomes or ceases to be such a member of the family;

(c) the arrival and final departure of private personnel and, where applicable, the termination of their service;

(d) the employment and release of persons residing in the recipient State as regards members of the consular post or members of private staff enjoying privileges and immunities.

2. The arrival and final departure will also be notified in advance as far as possible.

Consular cards

1. The competent authorities of the beneficiary State shall issue a special card to the consular officer proving his identity and rank.

2. The provisions of paragraph 1 of this Article shall apply to consular staff, staff members and private staff, provided that such persons are not citizens of the beneficiary State or of the sending State who are resident in the territory of the recipient State.

3. The provisions of this Article shall also apply to members of the family of the persons referred to in paragraphs 1 and 2.

Persons declared non grata

1. The receiving State may at any time notify the sending State that the consular officer is persona non grata or that any other member of the consular staff is unacceptable. In such a case, the sending State shall, as appropriate, either withdraw such person or terminate his duties at the consular office.

2. If the sending State refuses or omits, within a reasonable period of time, to comply with its obligations under paragraph 1 of this Article, the receiving State may, depending on the nature of the case, either withdraw the exequatur of the person concerned or cease to consider him as a member of the consular staff.

3. A person appointed as a member of the consular post may be declared unacceptable before arriving in the territory of the recipient State or, if already on its territory, before taking up his duties at the consular office. In any event, the sending State shall withdraw the appointment.

4. In the cases referred to in paragraphs 1 and 3 of this Article, the receiving State shall not be obliged to notify the sending State of the reasons for its decision.

Termination of consular posts

The post of member of the consular post shall end, inter alia:

(a) by notifying the sending State to the receiving State that the post of member of the consular post has ceased;

(b) by appeal of exequatur;

(c) by notifying the receiving State that the receiving State has ceased to consider it as a member of the consular staff.

CONSULAR FUNCTIONS

Basic consular functions

The consulate function depends in particular on:

(a) the protection of the rights and interests of the sending State and its citizens and legal persons in the recipient State;

(b) to promote the development of trade, economic, cultural, scientific and tourism relations between the sending and receiving States and other development of friendly relations between them;

(c) in determining the state and development of the commercial, economic, cultural, scientific and tourist life of the recipient State by all legal means and reporting on it to the government of the sending State and to interested parties.

Consular function performance

1. The consular officer shall be entitled to perform consular functions in accordance with the legislation of the recipient State. The consular officer may, with the consent of the recipient State, perform consular functions outside the consular district.

2. 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 relevant international agreements.

Performance of consular functions by diplomatic missions

1. The provisions of this Convention shall apply, if the link so permits, also to the exercise of consular functions by diplomatic missions.

2. The names of members of a diplomatic mission entrusted with work in consular departments or otherwise entrusted with the exercise of consular functions of the mission shall be notified to the Ministry of Foreign Affairs of the beneficiary State or to the authority designated by that ministry.

3. In the performance of consular functions, the diplomatic mission may:

(a) the local authorities of the consular district;

(b) to the central authorities of the beneficiary State, where permitted by the laws, regulations and practices of the recipient State or by relevant international agreements.

4. The privileges and immunities of the members of the diplomatic mission referred to in paragraph 2 of this Article shall continue to be governed by the rules of international law relating to diplomatic relations.

Registration of citizens of the sending State

A consulate official may keep a register of citizens of the sending State who are permanently or temporarily resident in its consular district. Such registration shall not exempt such persons from the obligation to comply with the provisions of the regulations and laws of the recipient State on the registration of aliens.

Issue of passports and visas

1. The consular officer shall be entitled, in accordance with the laws of the sending State, to issue, renew, amend, revoke, withdraw or retain travel documents of the citizens of the sending State.

2. The consular officer shall be entitled to issue, extend or revoke the relevant visas to persons wishing to travel to the sending State.

Function in personal matters

1. To the extent provided for by the legislation of the sending State, the consular officer shall be entitled:

(a) to conclude and register marriages between citizens of the sending State and to issue appropriate documents;

(b) the acquisition of birth and death certificates of citizens of the sending State and copies of such documents;

(c) accept declarations concerning the family circumstances of the citizens of the sending State;

(d) receive applications and declarations in respect of citizenship of citizens of the sending State and issue relevant documents.

2. The competent authorities of the beneficiary State shall send to the consular office, without delay and free of charge, copies and matrices relating to the citizens of the sending State on request.

Representation of citizens of the sending State before the courts and other authorities of the receiving State

1. In accordance with the laws of the recipient 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, in the absence or for other reasons, he is unable to take action in good time to defend his rights and interests.

2. The representation referred to in paragraph 1 of this Article shall cease as soon as the persons represented appoint their agent or ensure that they themselves defend their rights and interests.

Functions in custody matters

1. The consular officer may, to the extent provided for by the laws and regulations of the recipient State, take over the care of a minor or other citizen of the sending State who is not fully competent to act, in particular where custody and custody are required in respect of such persons.

2. Once the authorities of the receiving State have become aware of cases where a guardian or guardian for a citizen of the sending State needs to be appointed, they shall notify the competent consular post.

Notary functions

1. To the extent provided for by the laws and regulations of the receiving State, the consular officer shall be entitled to perform the following functions at the consular office, in the apartment of the citizen of the sending State, on board an aircraft or a ship of the sending State:

(a) to accept, write down and verify the declarations of the citizens of the sending State and the treaties between them;

(b) to write, certify and accept in the custody of the will and other documents and declarations of the citizens of the sending State;

(c) verify the signatures of authorised officials of the authorities of the sending or receiving State and verify copies, extracts and translations;

(d) verify the signatures of the citizens of the sending State;

(e) verify the certificate of origin and the commercial accounts of the goods exported from the beneficiary State as well as other documents;

(f) verify signatures, stamps and documents issued by the competent authorities of the beneficiary State for their use in the sending State;

(g) to receive for safekeeping documents, documents, documents, money and valuables belonging to or intended for the citizens of the sending State.

2. The documents and documents referred to in paragraph 1 of this Article shall have the same validity and powers of proof in the recipient State as documents and documents certified by the competent authority of that State, provided that they do not conflict with the laws and regulations of that State.

Function in matters of succession

1. The competent authority of the recipient State shall immediately inform the consular office of the sending State of the death of its citizen in the territory of the recipient State and send it a death certificate and provide it with available information on the heirs, heirs and wills as soon as they are available. The competent authorities of the beneficiary State shall inform the consular office of the sending State if they learn that the citizen of the sending State has left the property in a third State.

2. If, in the territory of the beneficiary State of succession, the heirs or beneficiaries who are citizens of the sending State belong to the beneficiary State, the competent authorities of the receiving State shall immediately inform the consular office of the sending State.

3. The competent authority of the receiving State shall inform the consular office of the sending State of the measures taken to ensure and manage the inheritance left in the territory of the receiving State by the deceased citizen of the sending State. The consular officer may, directly or through an authorised representative, assist in the implementation of measures ensuring the rights of the citizens of the sending State to the inheritance, including the supervision of the carriage of valuable goods, to be carried out in accordance with the legislation of the receiving State.

4. Where the succession is discussed in the territory of the recipient State, the movable or immovable property or the proceeds of the sale of movable or immovable property which belong to the citizen of the sending State as a beneficiary participant, an heir or a referee who does not reside in the recipient State and has not participated in or represented in the proceedings, they shall be issued to the consular office of the sending State for surrender, provided that:

(a) the authorities of the beneficiary State shall consent to the transfer of money or the export of property from that State to the sending State in accordance with the laws and regulations of the recipient State and taking into account the principle of reciprocity;

(b) all inheritance debts have been paid or paid within the time limits laid down by the laws and regulations of the beneficiary State;

(c) the heir or beneficiary has been identified;

(d) fees and inheritance taxes have been paid or paid.

5. If a citizen of the sending State dies during his temporary stay in the receiving State, all his personal belongings and money together with his or her list shall be transferred, after payment of his or her debts, to the consular post, unless the laws and regulations of the receiving State prevent this.

Sea and river transport functions

1. The consular officer may assist the ships of the sending State in his consular district if they are in the internal or coastal waters of the receiving State. The authorities of the beneficiary State shall provide him with the necessary assistance upon request.

2. The consular officer shall have the right to contact the captain, crew members and passengers on board. It may enter the ship, inspect documents, including those relating to cargo of the ship, the journey and the destination, and investigate events occurring on board the ship. It shall be entitled to take measures in matters relating to navigation provided that they comply with the laws and regulations of the sending State and do not conflict with the laws and regulations of the receiving State.

3. The captain of the ship or the crew member representing it shall have the right to contact the consular officer without special permission if the consular office has its seat in the relevant seaport. If the consular office does not have its registered office, a travel authorisation shall be obtained from the competent authority of the beneficiary State.

4. If the authorities of the beneficiary State intend to implement legal action on board a ship of the sending State, they shall inform the consular officer in advance so that he may be present. If he cannot be present, he shall be sent a detailed report on the implementation of these measures.

5. In the case of urgent measures or where such measures are carried out at the request of the ship's captain, the consular officer shall be informed thereof without delay.

6. The provisions of paragraphs 4 and 5 of this Article shall not apply where customs, border and health checks are carried out or where pollution caused by a ship, crew or passengers occurs.

7. If the ship of the sending State fails, is stranded, thrown ashore or otherwise damaged in the internal or coastal waters of the receiving State, the competent authorities of the receiving State shall report to the consular officer without delay and inform him of the measures taken to save and protect passengers, crew, cargo and ship.

8. The consular officer may request the competent authorities of the beneficiary State to take measures to save and protect passengers, crew, cargo and ships. If the events referred to in paragraph 7 of this Article occur, the competent authorities of the beneficiary State shall provide the consular officer with the necessary assistance in preparing and implementing the relevant measures.

Civil aviation functions

Article 21 shall apply mutatis mutandis to civil aircraft of the sending State, unless this is contrary to the laws and regulations of the receiving State.

Other consular functions

The consular officer may perform other consular functions entrusted to him by the sending State which are not provided for in this Convention if the recipient State agrees in advance.

ADVANCES, PRINCIPLES AND IMMUNITY

Facilitating consular work

The receiving State shall fully facilitate the performance of the functions of the consular post, take all necessary measures to enable the members of the consular post to carry out their duties and grant them the privileges and immunities to which they are entitled under this Convention.

Use of national emblem and flag

1. The national emblem and the name of the sending State may be located at the consular office building and its entrance in the language of the sending and receiving States.

Citation	Decree of the Minister for Foreign Affairs No. 81 / 1987 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Iraq
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	15.10.1987
Effective from	02.04.1987
Effective until	-
Status	Valid

Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the Republic of Iraq

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