Decree of the Minister for Foreign Affairs No. 82 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the Convention on Consular Relations between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia
Valid
Effective from 21.02.1964
82
DECLARATION
Minister for Foreign Affairs
of 11 March 1964
concerning the Convention on Consular Relations between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia
On 24 June 1963, the Convention on Consular Relations between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia was signed in Prague.
The Convention was approved by the National Assembly on 5 December 1963 and ratified by the President of the Republic on 20 December 1963. The instruments of ratification were exchanged in Belgrade on 21 February 1964.
Pursuant to Article 34 thereof, the Convention entered into force on 21 February 1964.
The Czech version of the Convention shall be published simultaneously.
David v. r.
CONVENTION
on consular relations between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia
The Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia, wishing to modify and develop consular relations in a spirit of mutual friendship and cooperation, have decided to conclude a Convention on consular relations. To this end, agents have been appointed:
for the Czechoslovak Socialist Republic
Karel Soldier, Head of the Department of Foreign Affairs,
on behalf of the Socialist Federal Republic of Yugoslavia
Milan Matiyashevich, Head of the State Secretariat's Department for Foreign Affairs,
who, following the exchange of their full powers, found in the proper order and in the prescribed form, have agreed as follows:
General provisions
For the purposes of this Convention, the following expressions have the following meanings:
(a) the "consulate" shall be the consulate-general, consulate, vice-consulate and consulate;
(b) "Head of the Consulate" shall mean the person authorised by the Sending State to carry out the activities relating to this function in the rank of Consul General, Consul, Vice-Consul or consular agent;
(c) "consular officer" shall mean a person employed at a consulate who has a consultative rank and is not the head of the consulate;
(d) "consular staff" shall mean any person employed in a consulate not covered by (b) and (c);
(e) "consulate staff" means the head of the consulate, consular officials and consular staff;
(f) the "consular archives" shall comprise all documents, documents, correspondence, books, films, recording tapes and registers of the consulate, together with codes and files and equipment intended for their storage and protection;
(g) "citizen" is also a legal person.
1. In accordance with this Convention, each Party shall have the right to establish consulates in the territory of the other Party.
2. The establishment of consulates, their headquarters and consular districts shall be determined by agreement of the Contracting Parties in each individual case. The number of consulate staff will correspond to the scope of its activities.
1. The Head of the Consulate may commence his or her activities as soon as he or she has received the exequatur from the receiving State of the Consultative Patent.
2. The consulate patent shall state the name and surname of the Consulate Head, his rank, seat of the consulate and consular district.
3. The receiving State may grant temporary permission to the head of the consulate to perform consular functions until the exequatur is issued.
1. The activities of the Head of the Consulate shall end with the removal, death or removal of exequatur.
2. In cases of appeal by the Head of the Consulate, his death or the removal of exequatur and in all other cases preventing the Head of the Consulate from performing consular functions, the sending State may temporarily entrust the Head of the Consulate to the staff of the same or other consulate or to the staff of its diplomatic mission. This measure must be notified in advance to the Ministry of Foreign Affairs of the beneficiary State. The temporary head of the consulate may only be a citizen of the sending State, usually with a consultative or diplomatic rank.
3. The temporary head of the consulate shall enjoy the same rights, privileges and immunities which shall be granted to the head of the consulate under this Convention.
1. Only a citizen of the sending State may be the head of the consulate and the consular officer.
2. A citizen of the recipient State may also be a consulate employee.
Privileges and immunities
1. The receiving State shall take all necessary measures to enable the Head of the Consulate to exercise consular functions and to enjoy the rights, privileges and immunities provided for in this Convention.
2. The beneficiary State shall deal with the Head of the Consulate and with consular officials with due respect and shall ensure the protection of their person, freedom and dignity.
1. The staff of the consulate shall not be subject to the jurisdiction of the courts or administrative authorities of the recipient State for their activities in the performance of consular functions.
2. The Head of the Consulate and the consular officer may be deprived of his or her freedom only if he or she is legally convicted of a serious crime or is subject to criminal proceedings for a particularly serious crime.
3. A diplomatic mission or, where appropriate, the head of the consulate of the sending State, shall be informed in advance of the opening of criminal proceedings against the Head of the Consulate or the consular officer, or of their arrest, except where they are found in the act.
4. The competent authority of the receiving State shall inform the Head of the Consulate without delay of the initiation of criminal proceedings against a consular staff who is a citizen of the sending State and, where appropriate, of his arrest.
1. The consulate building, as well as its entrance, may have the national emblem and name of the consulate in the official language of the sending State.
2. The flag of the sending State may be displayed at the consulate building and the residence of the consulate head.
3. The flag of the sending State may be displayed on the car, ship and aircraft, if the head of the consulate personally uses them in the performance of consular functions.
1. A consulate's worker, his spouse and children living with him in the common household, provided that they are citizens of the sending State, shall be exempt from the payment of all direct taxes and charges, as well as from personal and in-kind transactions for public purposes to which the citizens of the receiving State are subject, provided that they are also exempted from diplomatic missions of the same or similar category in the receiving State.
2. The exemption provided for in paragraph 1 shall not apply to non-service income or to fees for services provided by organisations, undertakings and institutes.
1. A consulate worker, his or her spouse and children living with him in the common household shall not be subject to the rules of the recipient State on reporting of foreigners and residence permits.
2. The arrival of the persons referred to in paragraph 1, their personal data, functions and departure shall be notified in writing to the Ministry of Foreign Affairs of the beneficiary State.
1. Real estate owned by the sending State and used for the placement of the consulate or accommodation of consulate staff shall be exempt from all taxes and charges.
2. Means of transport, radio and television, as well as other movable property owned by the sending State and serving the needs of the consulate, shall also be exempt from all taxes and charges.
3. The exemption provided for in paragraphs 1 and 2 shall not apply to fees for services provided by organisations, undertakings and institutes.
Articles intended for the service of the consulate shall be exempt from customs duties and taxes together with the duties levied. However, this exemption does not preclude a customs inspection.
The consulate's staff, his spouse and children living with him in the common household, if they are citizens of the sending State, shall be granted the same customs relief as staff of diplomatic missions of the same or similar category in the receiving State.
1. The consulate staff shall be obliged to appear and testify as a witness to the summons of the judicial or administrative authorities of the recipient State. If he is a citizen of the sending State, no enforcement measures may be applied against him.
2. A consulate worker may refuse a statement of matters relating to his or her duties.
3. Where a consulate worker, if he is a citizen of the sending State, cannot appear for service or other reasons to testify as a witness, he shall inform the authority which summoned him and submit his statement in writing at his request.
4. The head of the consulate may request that he be able to testify as a witness in the consulate's rooms or in his residence.
1. In contact with the authorities of the sending State, the consulate has the right to use encryption and courier mail.
2. When using public postal and telecommunications links, the consulate has the same advantages as diplomatic missions in the recipient state.
1. The consulate's offices are untouchable. The authorities of the beneficiary State may not, without the consent of the Head of the Consulate, the persons authorised by it or the Head of the diplomatic mission, enter and perform any acts therein.
2. The residence of the head of the consulate is untouchable. The authorities of the beneficiary State may not, without the consent of the Head of the Consulate, enter and perform any acts in his residence except in the cases referred to in paragraph 2 of Article 7 of this Convention.
1. The consulate archive is always and everywhere untouchable.
2. The service correspondence of the consulate, including messages carried by telecommunications links, shall be inviolable and shall not be subject to control.
Powers and functions of Head of Consulate
1. The Head of the Consulate shall contribute to the strengthening of the friendly relations of the Parties and the development of their political, economic, cultural and scientific contacts.
2. In its consular district, the head of the consulate protects the rights and interests of the sending state and its citizens. In doing so, it may refer directly to the courts and other competent authorities of the beneficiary State.
1. The Head of the Consulate may, without special authorisation, represent the citizens of the sending State before the courts and other authorities who, for absence or other reasons, cannot defend their rights and interests in a timely manner, nor have they appointed their agents to do so. Such representation shall continue until the representative has designated his agent or has taken over the protection of his rights and interests.
2. Paragraph 1 shall be without prejudice to the provisions of the recipient State concerning the representation by the lawyer.
1. The Head of the Consulate shall have the right to keep records of the citizens of the sending State, to issue and to extend passports and other documents replacing them. The Head of the Consulate shall also be entitled to perform other tasks related to the registration of citizens of the sending State.
2. The Head of the Consulate shall have the right to issue and extend visas.
1. The head of the consulate shall have the right to keep a matrix book on the birth and death of the citizens of the sending State if it is empowered by the sending State to do so.
2. Where the Head of the Consulate is empowered to do so by the Sending State, marriage may be concluded if the two persons who marry are citizens of the Sending State. If one of them is a citizen of the sending State, marriage may be concluded only if it does not conflict with the laws of the receiving State. The head of the consulate may enter the marriage in the matrimonial book of marriages in front of him. Where the rules of the beneficiary State so require, the Head of Consulate shall inform the competent authorities thereof.
3. The head of the consulate may also record the divorce of marriage in the matrix if a decision on divorce has been taken under the rules of the sending State.
4. The provisions of the preceding paragraphs shall not exempt the relevant persons from reporting obligations under the rules of the beneficiary State.
1. The Head of the Consulate shall be entitled to perform the following tasks:
(a) receive, write down or verify declarations from citizens of the sending State;
(b) to write, verify and accept into the custody of the citizens of the sending State;
(c) verify the documents, copies, extracts and translations of documents issued by the authorities of the sending or receiving State;
(d) verify the signatures of the citizens of the sending State.
2. Furthermore, the Head of the Consulate may, unless this is contrary to the legislation of the beneficiary State:
(a) to draw up or verify contracts and unilateral legal statements of the citizens of the sending State, with the exception of contracts or declarations which would transfer ownership or establish or transfer rights in rem in real estate situated in the territory of the recipient State;
(b) to draw up or verify contracts between the citizens of the sending and receiving States if they are to have legal effects exclusively within the territory of the sending State or are to be implemented there;
(c) to receive money, other assets and documents from or on behalf of the citizens of the sending State;
(d) carry out all other acts entrusted to it by the sending State.
3. Money and other assets received by the Head of the Consulate may be exported from the beneficiary State only in accordance with its rules.
4. The acts referred to in this Article may be performed by the Head of the Consulate at the consulate, at his / her apartment, at the homes of the citizens of the sending State, on a ship or on an aircraft carrying the flag or the sovereign sign of the sending State.
The documents, copies, translations or extracts thereof referred to in Article 22 of this Convention, drawn up or certified by the Head of the Consulate and sealed, shall have the same validity in the recipient State and shall have the same powers of proof as if they had been drawn up, translated or verified by the competent authorities and bodies of the recipient State.
1. The competent authorities of the receiving State shall inform the head of the consulate in whose consular district the citizen has died.
2. The competent authorities of the beneficiary State shall inform the Head of the Consulate of any discussion of the inheritance of the citizen of the sending State or of the inheritance which affects the inheritance rights or interests of the citizens of the sending State. It shall also communicate to it known data on the heirs and the necessary data on the inheritance and possible wills so that the Head of the Consulate may take the necessary measures to protect the rights and interests of the citizens of the sending State.
1. The Head of the Consulate may appoint a guardian to the citizen of the sending State and oversee his activities if he is authorised to do so under the rules of the sending State.
2. If the head of the consulate finds that the assets of the citizen of the sending State have remained unsupervised, he may, if the rules of the sending State so permit, designate the administrator of that property.
1. The head of the consulate shall provide universal assistance to ships flying the flag of the sending State which are anchored in the port of its consular district. It may associate with the crew of the ship as well as passengers of citizens of the sending state.
2. If the consulate is at the landing site, its master or the crew member representing it may visit the consulate head without special permission. If the consulate is found outside the place where the ship landed, a visit to the competent authority of the recipient State shall be made.
If the authorities of the beneficiary State intend to take enforcement action on a ship flying the flag of the sending State, they shall inform the Head of the Consulate in advance in order to be present. In cases of urgency or where such action is carried out at the request of the master of the ship, the Head of the Consulate shall be informed without delay. This provision shall not apply to passport, customs and health checks.
1. If a ship flying the flag of a sending State is affected by an accident in the waters of the receiving State, the competent authority shall inform the Head of the Consulate as soon as possible and inform him of the measures taken to rescue and safeguard passengers, crew, cargo and ships.
2. The competent authorities of the beneficiary State shall assist the Head of the Consulate in taking action in connection with the ship's accident.
The provisions of Articles 26, 27 and 28 of this Convention shall apply mutatis mutandis to air transport. Each Contracting Party may refuse to implement provisions contrary to its obligations under international agreements.
The Head of the Consulate may charge consular fees in accordance with the rules of the Sending State.
The Head of the Consulate may entrust the consular officer with the functions assigned to him under Articles 18 to 30 of this Convention.
Final provisions
The provisions of this Convention on the powers and functions of the Head of the Consulate shall apply to members of the diplomatic mission in charge of the performance of consular functions. This mandate must be notified to the Ministry of Foreign Affairs of the beneficiary State. Diplomatic privileges and immunities of members of the diplomatic mission shall not be affected by such delegation.
The Consular Convention between the Czechoslovak Republic and the Kingdom of Serbs, Croats and Slovenes, negotiated in Prague on 7 November 1928, expires on the date of entry into force of this Convention.
1. This Convention shall be subject to ratification. It shall be valid on the date of the replacement of the instruments of ratification to be implemented in Belgrade.
The Convention shall be negotiated for an unlimited period. It shall expire one year after the date on which one of the Contracting Parties denies it.
Written in Prague on 24 June 1963 in two originals, each in the Czech and Serbian languages, the two texts being equally authentic.
To prove it, the agents signed this Convention and sealed it.
For
Czechoslovak Socialist Republic
Karel Soldier v. r.
For
Socialist Federative Republic of Yugoslavia
Milan Matiyashevich v. r.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 82 / 1964 Coll., on the Convention on Consular Relations between the Czechoslovak Socialist Republic and the Socialist Federal Republic of Yugoslavia |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.05.1964 |
|---|---|
| Effective from | 21.02.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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