Decree of the Minister of Foreign Affairs No. 92 / 1960 Coll.
Declaration on the Consular Convention between the Czechoslovak Republic and the People's Republic of Bulgaria
Valid
Effective from 25.04.1960
92
DECLARATION
Minister for Foreign Affairs
of 18 May 1960
concerning the Consular Convention between the Czechoslovak Republic and the People's Republic of Bulgaria
The Consular Convention between the Czechoslovak Republic and the People's Republic of Bulgaria was signed in Prague on 27 May 1959.
The National Assembly agreed with the Convention on 19 November 1959 and the President of the Czechoslovak Republic ratified it on 21 March 1960. The instruments of ratification were exchanged in Sofia on 25 April 1960.
According to Article 23, the Convention entered into force on the date of the exchange of instruments of ratification, i.e. 25 April 1960.
The Czech version of the Convention shall be published simultaneously.
David v. r.
CONSULAR CONVENTION
between
Czechoslovakia and the People's Republic of Bulgaria
President of the Czechoslovak Republic and
President of the People's Assembly of the People's Republic of Bulgaria
led by an attempt to further expand, in accordance with the wishes and interests of the people of both countries, mutual relations and universal cooperation, they have decided to conclude this Convention and appointed their agents:
President of the Czech Republic
Václav David,
Minister for Foreign Affairs,
President of the People's Assembly of the People's Republic of Bulgaria
Karlo Lukanova,
Minister for Foreign Affairs,
who, after submitting their full powers to each other, were found to be in the proper order and in the prescribed form, agreed on the following:
I. Establishment of consulates and broadcasting of consulates
(1) In accordance with this Convention, each Contracting Party shall be granted the right to establish, within the territory of the other Contracting Party, Consulates-General, Consulates-General and Consulate-General (hereinafter referred to as "consulates') and the right to broadcast to the Consul-General, Consul-General, Consul-General and Consulate-General (hereinafter referred to as" consuls').
(2) The number of consulates, the seat of the consuls and the consular districts of the Contracting Parties shall be mutually agreed.
(1) The State sending the consul shall ask the State receiving the consent of its person. Upon presentation of the consultative patent, containing the name and surname of the consul, his / her consultative rank, his / her seat and his / her designated consular district, the recipient State shall grant the exequatur.
(2) After it has been granted, the consul will take up his post. The State authorities of the consular district shall immediately take the necessary measures to enable the consul to carry out his or her duties and to enjoy the rights, privileges and benefits conferred upon him by this Convention and the rule of law of the recipient State.
(1) In the event of a temporary absence or serious obstacle preventing the Consul from carrying out his or her duties, at the time of his or her removal or death, the Consultative Office shall be entitled to perform his / her duties, the name and mandate of which has been notified in good time to the competent authorities of the beneficiary State.
(2) The representative of the consul shall enjoy all the rights, privileges and benefits reserved for the consultation of this Convention during the term of office of the consul.
II. Rights, privileges and benefits of consul and consular staff
Consuls and consular staff, where they are citizens of the sending State, shall not be subject to the jurisdiction of the courts and administrative offices of the receiving State in their official capacity.
(1) Consulate and consular staff shall be required to give testimony in the courts, prosecutors or investigative bodies of the recipient State.
(2) The persons referred to in the preceding paragraph may refuse to give notice of the circumstances relating to their activities.
(3) If they are unable to appear in person, the authorities may hear them in the consulate's rooms or in their flat or request a written reply.
(4) The provisions of this Article shall also apply in respect of procedures carried out by administrative authorities.
(1) Consulate offices, archives and official correspondence, including telegrams, telephones and telex, are untouchable. Private items and personal correspondence between consumers must always be kept separately. Consuls have the right to use cipher and diplomatic mail.
(2) The authorities of the beneficiary State may not impose coercive measures in the service rooms of consulates as well as in the private premises of consulates. The authorities of the beneficiary State may not enter these rooms without the consent of the Consul.
Consuls shall have the right to post on buildings in which the official rooms of the consulates, the emblem of the sending State and a sign indicating the office. They shall have the right to raise the flag of the sending State on those buildings and on the commercial vehicles used.
(1) Consulate and consular staff, if they are citizens of the sending State, shall be exempt from personal and material benefits on a reciprocal basis. Real estate used as housing or service spaces by them shall also be exempt from payment in kind.
(2) Those persons are exempt from direct taxes and levies in respect of income from their professional activities.
(3) The immovable property of the sending State, intended for the location of consulates or for the housing of consuls and consular staff, is exempt from all direct taxes in the territory of the receiving State.
(1) The customs exemption of consuls applies to their travel baggage and items imported for their use up to the annual limit set by the beneficiary State while maintaining reciprocity.
(2) Articles intended for the official use of consulates shall enjoy full customs exemption.
The provisions of Articles 8 and 9 shall also apply to the wives of persons in each of the articles referred to therein and to their minor children living with them in the common household if they are citizens of the sending State.
III. Professional activities of the consuls
Consuls are helping to develop political, economic and cultural contacts across borders.
(1) Consuls have the right to defend in their consular district the rights and interests of the State which broadcasts them, as well as its citizens and legal persons.
(2) Consuls may, in the course of their professional activities, direct themselves in their consular district to the competent authorities and institutions and request assistance in the performance of their tasks.
(1) Consuls have the right to keep records of citizens of the sending State who are permanently or temporarily present in their consular district. The provisions of the Contracting Parties on registration of foreign nationals shall remain unaffected.
(2) Consuls may issue passports to citizens of the State sending the consul. Citizens of the recipient State, foreign nationals or stateless persons may grant visas or other authorisations to enter or leave the sending State.
In the area of civil, family and criminal law, the professional activities of the consuls, unless otherwise specified, shall be governed by the Treaty between the Czechoslovak Republic and the People's Republic of Bulgaria on Legal Assistance in Civil and Criminal Matters, signed at Prague on 13 April 1954.
(1) Consuls shall be entitled to act at the consulates, in their own flat or in the apartment of the citizens of the sending State, as well as on ships or on aircraft bearing the flag or sovereign designation of the sending State - unless the legislation of the receiving State so prevents - the following acts:
(a) to write, verify and hide wills or acts of unilateral legal action of the citizens of the sending State;
(b) to draw up or verify written declarations by citizens of the sending State;
(c) to write or verify acts of law between citizens of the sending State; However, they may not draw up or verify acts of law concerning the acquisition or disposal of rights in buildings or other immovable property which are in the territory of the beneficiary State;
(d) to draw up or verify acts of law between the citizens of the sending State and the citizens of the receiving State where such acts relate exclusively to interests in the territory of the sending State or to matters to be implemented in the territory of the sending State and where such acts do not conflict with the legislation of the two Contracting Parties;
(e) verify the signatures of citizens of the sending State in all kinds of documents; Legalise documents originating from the authorities or official persons of the sending or receiving State, as well as from private persons, and verify their copies, translations and extracts thereof;
(f) to receive money and valuable items from citizens of the sending State for safekeeping; the relevant legislation of the beneficiary State remains unaffected;
(g) other acts for which they are empowered by the sending State.
(2) The written, legalised and certified documents, copies, translations and extracts referred to in paragraph 1 shall have, in the beneficiary State, the powers of proof, such as those drawn up, translated, validated or legalised by the competent authorities and by the official persons of the beneficiary State.
(1) Marriage may be held before the consul if both persons are married by the citizens of the sending state. The conclusion of marriages is carried out in agreement with the laws of the broadcasting state.
(2) Consuls may certify the birth and death of citizens of the sending State according to the rules of the sending State.
(3) The relevant provisions of the Contracting Parties shall remain unaffected.
Consuls shall have the right, if permitted by the legislature of the sending State, to appoint a guardian or guardian to the citizens of the sending State. In such cases, the consuls shall have the right to exercise custody and custody.
(1) Consuls provide assistance to ships of the sending State. In particular, they may enter into contact with the crew of the ship and passengers, issue, validate and review ship documents and draw up cargo and purpose reports and incidents. They shall act as supervising office and settle disputes between the command of the ship and the crew.
(2) In all cases, at the request of the consul, local authorities are required to provide him with the necessary assistance and support.
(3) Where the authorities of the beneficiary State intend to take any enforcement action on commercial ships of the sending State, they shall inform the consul in advance in order to be able to be present. This shall not apply to customs, passport and health checks on ships, crew and passengers.
In the event of accidents and shipwreck by one of the Contracting Parties, the competent authorities shall immediately inform the Consul of the measures taken. They shall also provide the Consul with the necessary assistance in taking action in connection with the accident and inviting him to take the necessary measures to identify the causes of the accident and to provide evidence.
(1) Consuls shall provide assistance to the aircraft of the sending State, in particular, may support crew members and passengers in their contact with the authorities of the receiving State when landing and take the necessary measures to continue their journey.
(2) In the event of an accident or of an aircraft of a sending State, the Consul may immediately take or request measures to provide assistance to crew members and passengers and to protect cargo and repair aircraft; the competent authorities shall invite the Consul to participate in the measures necessary to identify the causes of the accident and to provide evidence.
IV. Final provisions
The provisions of this Convention on the Rights and Obligations of the Consul will be applied equally to the staff of the diplomatic representative offices in charge of consular activities. This is without prejudice to their diplomatic privileges and immunity.
This Convention is concluded for a period of five years. It shall remain in force for five more years, unless one of the Contracting Parties shows its wish to terminate the Convention six months before the end of the current period.
This Convention shall be subject to ratification.
The Convention shall enter into force on the date of exchange of instruments of ratification to be implemented in Sofia.
Written in Prague on 27 May 1959 in two copies, each in the Czech and Bulgarian languages, the two texts being equally authentic.
For
Czech Republic:
V. David v. r.
For
Republic of Bulgaria:
K. Lukanov v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 92 / 1960 Coll., on the Consular Convention between the Czechoslovak Republic and the People's Republic of Bulgaria |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.07.1960 |
|---|---|
| Effective from | 25.04.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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