Decree No 83 / 1973 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Poland
Valid
Effective from 19.04.1973
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83
DECLARATION
Minister for Foreign Affairs
of 14 May 1973
on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Poland
On 9 June 1972, the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Poland was signed in Warsaw.
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 20 March 1973.
Pursuant to Article 50 thereof, the Convention entered into force on 19 April 1973.
The Czech version of the Convention shall be published simultaneously.
Minister:
Ing. Chupek v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the Polish People's Republic
President of the Czechoslovak Socialist Republic and State Council of the People's Republic of Poland,
led by the desire to establish the rules that would apply in consular relations between the two states, and to develop these contacts in a spirit of friendship and cooperation, they decided to conclude the Consular Convention and to appoint their agents to that end.
President of the Czechoslovak Socialist Republic
Dr. Bedrich Illka,
Head of the Consular Department of the Federal Ministry of Foreign Affairs of the Czechoslovak Socialist Republic,
State Council of the People's Republic of Poland
Wladyslaw Wojtasika,
Head of the consular department of the Ministry of Foreign Affairs of the People's Republic of Poland,
who have exchanged their powers of attorney which they have found in good and proper form and have agreed on the following provisions:
Definitions
For the purposes of this Convention, the following expressions have the following meanings:
(a) "consular office" means 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) the term "Head of the consular post" means the person authorised 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 administrative, technical or domestic services of the consular office;
(f) "members of the consular post" means consular officials and consular staff;
(g) "member of domestic staff" means any person employed exclusively in the domestic service of a member of the consular post;
(h) "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;
(i) the term "consular archives" includes all documents, documents, correspondence, books, films, recording tapes and registers of the consular post, together with encryption material, filing cabinets and equipment intended for their protection and storage;
(j) "official correspondence" means all correspondence relating to the consular office and its functions;
(k) "ship of the sending State" means any vessel which has the right to use the national flag of the sending State or registered in that State, with the exception of military vessels.
Establishment of consular posts, appointment of consular officials and consular staff
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 classification and the consular perimeter 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 post or changes to 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 recipient State shall be required where the Consulate General or Consulate wishes to establish a Vice-Consulate or Consulate in a place other than that in which it is established, or an office forming part of a consular office 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 acceptance of the recipient State, called exequatur, which shall be granted upon presentation of the consultative patent.
2. The consulate patent shall certify the name, surname, classification of the head of the consular post, consular district and seat of the consular post.
3. Pending the granting of exequatur, the Head of the consular post may be recruited provisionally for the performance of his duties. In this case, the provisions of this Convention shall apply to it.
1. If the Head of the consular post cannot perform his duties for any reason or if the post of Head of consular post is temporarily vacant, the sending State may entrust the temporary Head of consular post to the consular officer of that office or to a member of diplomatic staff of a diplomatic mission; the name of that person must be communicated in advance to the Ministry of Foreign Affairs of the beneficiary State.
2. The temporary Head of the consular post shall be granted rights, privileges and immunities enjoyed by the Head of the consular post under this Convention.
3. The delegation of a member of the diplomatic staff of a diplomatic mission of the State of consular post referred to in paragraph 1 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, even on a provisional basis, to perform his duties, the recipient State shall immediately inform the competent authorities of the consular district thereof and take appropriate measures to enable it to carry out official duties and benefit from this Convention.
Consulate officials may only have citizenship of the sending State.
A citizen of the recipient State may also be a consulate employee.
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 living with him and, where applicable, cases where a person becomes or ceases to be a member of the family;
(c) arrival and final departure of domestic personnel and, where applicable, termination of their service;
(d) admission to employment and release of persons settled in the recipient State as regards members of the consular post or members of domestic staff.
Rights, privileges and immunities
1. The beneficiary State shall fully facilitate the performance of the functions of the consular post.
2. The beneficiary State shall treat the members of the consular post with due respect and shall take all appropriate measures to ensure the protection of their person, freedom and dignity.
1. The State emblem of the sending State and the relevant sign indicating the consular office may be located on the building in which the consular office or residence of the head of that office is located.
2. The national flag of the sending State may be displayed at the consular office building, the residence of the head of that office, as well as on its means of transport at the time when it is used for official purposes.
The receiving State shall facilitate the acquisition of rooms necessary for its consular office in accordance with its laws and regulations in its territory and, if necessary, the acquisition of suitable accommodation for members of the consular office.
1. The sending State shall have the right under the conditions laid down in the laws and regulations of the receiving State:
(a) acquire, own or use land, buildings or parts of buildings intended for the location of the consular post, for the residence of the head of the consular post or for accommodation of other members of the consular office;
(b) establish or adapt buildings on land acquired for these purposes;
(c) dispose of land, buildings or parts of buildings so obtained or built.
2. The provisions of paragraph 1 shall not exempt the sending State from the obligation to adapt to the regulations and restrictions in the field of construction law and urban planning applicable to the area in which the said land, buildings or parts thereof are located or will be located.
1. Buildings or parts of buildings and land belonging thereto which are exclusively used for consular purposes, the residence of the head of the consular post and the apartments of consular officials shall be inviolable. The authorities of the beneficiary State may not enter them without the agreement of the Head of the consular post, the Head of the diplomatic mission of the sending State or the person authorised by one of them.
2. The beneficiary State shall have a special obligation to take all reasonable measures to protect consular rooms against any assault or damage and to prevent the disturbance of the peace of the consular post or its dignity.
The land and buildings referred to in Article 11 and the means of transport of the consular post shall not be subject in any form to props for the purposes of national defence or public needs.
Where expropriation is necessary for those purposes, all possible steps shall be taken to avoid disruption of consular functions and appropriate and effective compensation to the sending State shall be paid immediately.
1. The consular rooms, the residence of the head of the consular post and the apartments of other members 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 exemption provided for in paragraph 1 shall not apply to taxes and charges to be paid by persons entering into a contractual relationship with the sending State or by a person acting on its behalf under the laws and regulations of the recipient State.
Consulate archives and documents are always and everywhere untouchable.
1. The beneficiary State shall allow and protect the freedom to connect the consular office for all official purposes. In liaison with 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 and consular couriers, diplomatic or consular baggage and coded or encrypted messages.
2. Official correspondence of the consular office shall be inviolable.
3. The consular baggage shall not be opened or detained. Such baggage shall bear a clear external marking of its nature and may contain only official correspondence, documents and supplies intended exclusively for official use.
4. Consular baggage may be entrusted to the captain of the ship or 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. In consultation with the competent local authorities, the consular office may instruct one of its members to take the said baggage directly and personally from the ship or aircraft captain or from him.
1. Consulate officials and members of their families living with them in the common household shall be exempt from the jurisdiction of the criminal, civil and administrative recipient State.
2. The staff of the consular post shall be excluded from the jurisdiction of the criminal, civil and administrative recipient State in respect of their activities in the framework of their duties.
(3) However, paragraphs 1 and 2 shall not apply to civil proceedings:
(a) resulting from a contract concluded by a consular officer or consular staff who has not been expressly or possibly negotiated as a representative of the sending State;
(b) initiated by a third party in the event of damage caused by an accident in the recipient State caused by a vehicle, ship or aircraft.
4. However, the persons referred to in paragraphs 1 and 2 shall not abuse the immunity granted to them and shall be expected to comply with the laws and regulations of the recipient State, including transport regulations.
1. Members of the consular post may be invited to appear as witnesses during judicial or administrative proceedings. Consultants may not, except in the cases referred to in paragraph 3 of this Article, refuse to give evidence. If the consular officer refuses to give evidence, no coercive or other penalties may be imposed against him.
2. In so doing, the authority of the recipient State requesting evidence must ensure that it does not restrict the consular officer in the performance of his duties. Whenever possible, he may accept or accept testimony from his residence or consular office in writing.
3. Members of the consular post 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.
4. The provisions of this Article shall apply mutatis mutandis to members of the family of members of the consular post living with them in the common household.
1. The sending State may waive the privileges and immunities referred to in Articles 17 and 18. Such surrender must always be explicit and must be communicated in writing to the beneficiary State.
2. If a consular official or consular staff commences proceedings in a case in which he would benefit from an exemption from jurisdiction, he may not rely on an exemption from jurisdiction in respect of actions relating to the main action.
3. The waiver from jurisdiction in civil or administrative matters does not mean waiving the immunity as regards the execution of a decision which must be waived separately.
The receiving State shall exempt members of the consular post and their family members living with them in the common household from all personal and material services of any kind, public and military obligations such as props, military contests and military accommodation.
The members of the consular office and their family members 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.
1. Members of the consular office 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 14;
(c) inheritance and transfer charges levied by the beneficiary State, subject to Article 24;
(d) private income charges of all kinds, the source of which is in the beneficiary State;
(e) taxes and charges levied on the provision of special services;
(f) registration, judicial, mortgage and stamp fees, subject to the provisions of Article 14.
2. Members of the consular post who employ persons whose salaries or wages are not exempt from income tax in the recipient State must fulfil the obligations imposed by the laws and regulations of that State on employers in respect of the collection of income tax.
1. The beneficiary State shall authorise import and re-export and grant exemption from all customs duties, taxes and other charges, other than storage, transport and similar charges:
(a) in the case of articles, including cars, intended for the official use of the consular post, and material intended for the purposes referred to in Article 11 (1) (b);
(b) articles intended for personal use by members of the consular post and their family members living with them in the common household, including cars and articles intended for their initial establishment. Consumer articles may not exceed the quantity required for the direct use of the persons concerned.
2. 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 point (b) of paragraph 1 or that the import and export of which are prohibited by the laws and regulations of the recipient State or 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.
Receiving State in the event of death of a member of the consular post or of a family member living with him in the common household:
(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 death;
(b) shall not levy inheritance or property transfer fees in respect of movable property which was in the territory of the recipient State only as a result of the deceased's residence in that State as a member of the consular office or family member of the consular post.
Subject to laws and regulations on areas to which access is prohibited or restricted for reasons of national security, the recipient State shall ensure freedom of movement and travel within its territory for all members of the consular post.
The members of the consular post shall be subject to all obligations imposed by the laws and regulations of the recipient State in respect of insurance against damage caused to third parties in the operation of a vehicle, ship or aircraft.
Members of the consular post and their family members living with them in the common household who are citizens of, or permanent residents of, the recipient State shall not enjoy privileges and immunities under this Convention, except as provided for in Article 18 (3) and (4).
Consular competence and consular functions
The task of the consular officer is to promote friendly relations between the two States, to contribute to the development of economic, commercial, cultural and scientific contacts between them, to protect the rights and interests of the sending State and its citizens, including legal persons, as well as to facilitate tourism.
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 beneficiary State.
1. The consular officer shall have the right, in accordance with the laws and regulations of the recipient State, to represent or take measures to ensure the appropriate representation of the citizens of the sending State, including legal persons, before the courts and other authorities of the recipient State, where, for absence or otherwise, they are unable to defend their rights and interests in good time.
2. The representation referred to in paragraph 1 shall cease as soon as the represented persons have appointed their agent or have themselves protected their rights and interests.
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 to persons wishing to travel to the sending State.
1. The Head of the consular post shall be entitled to accept a declaration of marriage provided that the two persons who marry are citizens of the sending State and that such marriage does not contradict the law of the receiving State. Where the laws and regulations of the recipient State so require, the consular office shall inform the competent authorities of the recipient State of the marriages entered into.
2. The consular officer may register the birth, marriage and death of citizens of the sending State and issue a document accordingly. However, this does not deprive citizens of the sending State of the obligation to comply with the laws and regulations of the receiving State with regard to registration of birth, marriage and death.
3. The competent authorities of the beneficiary State shall immediately and free of charge send copies and extracts of documents relating to the citizens of the sending State required for official purposes to the consular post.
1. The consular officer shall be entitled to:
(a) to accept and certify declarations by citizens of the sending State and to issue relevant documents;
(b) to write, certify and take over for safekeeping and other documents confirming the unilateral legal action of the citizens of the sending State;
(c) verify the signatures of the citizens of the sending State;
(d) verify all documents issued by the authorities of the sending or receiving State and certify copies and extracts thereof;
(e) to obtain and verify the translation of documents;
(f) to draw up and verify documents and contracts which the citizens of the sending State wish to conclude where such documents and contracts do not conflict with the laws and regulations of the receiving State and do not concern the establishment or transfer of property rights situated in that State;
(g) to draw up and verify documents and contracts without regard to the nationality of their 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 such documents and contracts do not conflict with the laws and regulations of the receiving State.
(2) The documents and documents referred to in paragraph 1, certified or certified by the consular officer of the sending State, shall have the same validity in the recipient State as documents certified or certified by the judicial or other competent authorities of that State.
Consulate officials shall be entitled to receive from the citizens of the sending State into the custody, money and valuable items belonging to them.
Consulting officers shall be entitled to service judicial and extrajudicial documents to the citizens of the sending State and to process the judicial application or request of another State body under the applicable international agreements or, in the absence of such agreements, by any other means in accordance with the laws and regulations of the sending State.
1. The authorities of the receiving State shall inform the consular post in writing of cases where it is necessary to establish a guardian or guardian for a citizen of a sending State who is a minor does not have full legal capacity or over property situated in the receiving State which, for any reason, cannot be managed by a citizen of the sending State.
2. The consular officer may come into contact with the competent authorities of the beneficiary State in the matters referred to in paragraph 1, in particular proposing the appropriate person as guardian or guardian.
The consulate officer shall have the right to associate with each citizen of the sending State, to provide advice and assistance and, if necessary, to provide legal assistance. If a citizen of the sending State wishes to visit or otherwise come into contact with the consular officer, the recipient State shall in no way restrict that citizen to access the consular office of the sending State.
1. The competent authorities of the beneficiary State shall immediately inform the consular office of the sending State of any arrest or of any other form of deprivation of the freedom of the sending State. A message from such a person addressed to the consular office shall be transmitted immediately by those authorities.
2. A consulate official shall have the right to visit a citizen of the sending State who is in custody or otherwise deprived of his freedom to speak to him, to write to him and to secure his defence. He shall also be entitled to visit any citizen of the sending State who is in the execution of a prison sentence on the basis of a judgment.
3. The competent authorities of the beneficiary State shall inform the persons concerned by the provisions of this Article of any rights they enjoy under those provisions.
4. The rights referred to in this Article shall be exercised in accordance with the laws and regulations of the beneficiary State, provided that those laws and regulations must enable the full achievement of the objectives for which those rights are granted.
1. Where the competent authority of the recipient State becomes aware of the inheritance following a citizen of the sending State of the deceased in the recipient State, it shall immediately inform the consular official of the sending State.
2. Where the competent authority of the recipient State becomes aware of the inheritance of a person deceased in that State, without regard to his citizenship, which may concern a citizen of the sending State, that authority shall immediately inform the consular official of the sending State.
3. The competent authority of the State in whose territory the inheritance referred to in paragraphs 1 and 2 is situated shall take the necessary measures in accordance with the laws and regulations of that State for the purpose of securing the inheritance and shall forward to the consular officer a copy of the will, if it has been acquired, as well as any available information on the heirs, content and value of the inheritance, and shall also inform him of the date of initiation of the proceedings or the stage at which it is situated.
4. The consular officer may cooperate with the competent authorities of the beneficiary State in matters of ensuring the heritage referred to in paragraphs 1 and 2, in particular:
(a) any measures necessary to prevent damage to the inheritance, including the sale of movable property;
(b) in designating the administrator or guardian of the inheritance and in procuring other matters relating to the management of the inheritance.
5. Where a citizen of the sending State is entitled to an inheritance situated in the receiving State and that citizen is not permanently established in that State and is not otherwise represented, the consular officer shall have the right to represent him directly or through a representative before the courts or other authorities of the receiving State.
6. The consular officer of the sending State may receive inheritance shares or references belonging to the citizens of that State who are not permanently established in the recipient State, as well as all payments in respect of compensation for damages, pensions and social security, as well as insurance income for the purpose of transfer to the beneficiaries.
7. Moved assets and amounts of money resulting from the liquidation of the inheritance belonging to the citizen of the sending State may be transferred to the consular officer, provided that the claims of creditors of the deceased have been satisfied or secured, and that all taxes and charges relating to the inheritance have been paid or secured.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 83 / 1973 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of Poland |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.07.1973 |
|---|---|
| Effective from | 19.04.1973 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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