Decree of the Minister of Foreign Affairs No. 96 / 1960 Coll.
Declaration on the Consular Convention between the Czechoslovak Republic and the People's Republic of Albania
Valid
Effective from 28.04.1960
96
DECLARATION
Minister for Foreign Affairs
of 3 June 1960
concerning the Consular Convention between the Czechoslovak Republic and the People's Republic of Albania
The Consular Convention between the Czechoslovak Republic and the People's Republic of Albania was signed in Prague on 16 January 1959.
The Convention was approved by the National Assembly on 13 May 1959 and ratified by the President of the Republic on 30 December 1959. The instruments of ratification were exchanged in Tirana on 28 April 1960.
Pursuant to Article 23 of the Convention, the date on which the instruments of ratification were exchanged, i.e. 28 April 1960, became valid.
The Czech version of the Convention shall be published simultaneously.
David v. r.
CONSULAR CONVENTION
between
The Czech Republic and the People's Republic of Albania
President of the Czechoslovak Republic and
President of the People's Assembly of the People's Republic of Albania
led by efforts to further expand, in accordance with the wishes and interests of the people of both countries, mutual relations and universal cooperation;
have decided to conclude this Convention and have appointed their agents:
President of the Czech Republic
Václav David, Minister of Foreign Affairs,
President of the People's Assembly of the People's Republic of Albania
Behara Shtylla, Minister of 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
The Contracting Parties shall grant each other the right to establish, within the territory of the other Contracting Party, consulates-general, consulates-consulates and consulates-consulates-general (hereinafter referred to as consulates) and the right to broadcast to the Consul-General, consuls, consuls and consuls.
The number of consulates, the seat of the consuls and the consular districts of the Contracting Party shall be mutually agreed.
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, its consultative rank, its registered office and its designated consular district, the recipient State shall grant the exequatur.
The consul takes up its function after the exequatur is granted. 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.
In the event of a temporary absence or serious obstacle preventing the Consul from carrying out his duties, at the time of his removal or death, the Consul shall be entitled to serve as his representative, whose name and mandate has been notified in due time to the competent authorities of the beneficiary State.
The representative of the consul shall enjoy all the rights, privileges and benefits reserved for this Convention at the time of the consul's duties.
II. Rights, privileges and advantages of the consuls and of the responsible staff of the consular service
Consuls as well as consular staff, if 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 professional activities.
Consuls and responsible staff of the consular service shall, upon request, give testimony to the courts, prosecutors or investigative bodies of the recipient State.
The persons referred to in the preceding paragraph may refuse to give notice of the circumstances relating to their activities.
If they cannot attend, the authorities may question them in the consulate's rooms or in their apartment.
The provisions of this Article shall also apply in respect of procedures carried out by administrative authorities.
The official rooms of the consulates, their archives and official correspondence, including telegrams, telephones and telex, shall be inviolable. Private items and personal correspondence between consumers must always be kept separately. Consuls have the right to use cipher and diplomatic mail.
The authorities of the beneficiary State may not impose coercive measures in the service rooms of the consulates as well as in the private premises of the 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 also have the right to post the flag of the sending State on the consulate building, on their home and on the vehicles they use.
Consuls and responsible staff of the consular service, 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.
Those persons shall be exempt from direct taxes and levies in respect of income from their professional activities.
The immovable property of the sending State, intended for the location of consulates or for the housing of consuls and responsible consular staff, shall be exempt from all direct taxes in the territory of the receiving State.
Consultations and responsible staff of the consular service, where they are citizens of the sending State, and consulates shall be granted, on the basis of reciprocity, exemption from customs duties to the same extent as diplomatic representative offices, their heads and diplomatic staff.
The provisions of Articles 8 and 9 shall also apply to the spouses and minor children of the consuls and the responsible staff of the consular service, provided that they live together and are citizens of the sending State.
III. Professional activities of the consuls
Consuls assist in the development of political, economic and cultural contacts between the two countries in a broad way.
Consuls have the right to defend in their consular district the rights and interests of their state, as well as its citizens and legal persons.
Consuls may contact the competent authorities and institutions within their area of competence directly in their professional activities and ask them for assistance in carrying out their tasks.
Consuls shall have the right to keep records of the citizens of the sending State who are permanently or temporarily present in their constituency. The provisions of the Contracting Parties on registration of foreign nationals shall remain unaffected.
Consuls may issue passports to citizens of the sending State. They may grant citizens of the recipient State, foreign nationals or stateless persons a visa or other authorisation 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 Albania on legal aid in civil, family and criminal matters signed in Prague on 16 January 1959.
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 permits - 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 establishing or disposing of rights to 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 within the territory of the sending State and where such acts do not conflict with the laws of both 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, or intended for, money and valuable objects held by citizens of the sending State; 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 evidence, such as those drawn up, translated, validated or legalised by the competent authorities and by the official persons of the beneficiary State.
Marriage may be held before the consul if the two persons who marry are citizens of the sending state. The conclusion of marriages is carried out in agreement with the laws of the broadcasting state.
Consuls may certify according to the rules of the sending State the birth and death of citizens of the sending State.
The relevant provisions of the Contracting Parties shall remain unaffected.
Consuls shall have the right, where they are empowered by the law 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.
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 a supervising office and settle disputes between the command of the ship and the crew.
In all cases, at the request of the consul, local authorities are required to provide him with the necessary assistance and support.
Where the authorities of the beneficiary State intend to take any enforcement action on commercial ships of the sending State, they shall inform the competent consul in advance in order to be present in the implementation of those measures. This shall not apply to customs, passport and health checks on ships, crew and passengers.
In the event of accidents and shipwrecks 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 the measures it takes in this context, invite him to the measures necessary to identify the causes of the accident and to provide evidence.
Consuls shall provide assistance to the aircraft of the sending State. In particular, they may support crew members and passengers in their contact with the authorities of the receiving State in the event of landing and take appropriate measures to continue their journey.
In accidents involving aircraft of a sending State, the Consul may take or request measures to provide assistance to crew members and passengers and to protect cargo and repair aircraft; they will also be invited to 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 the diplomatic privileges and immunities of these diplomatic representative offices.
The Parties promise to assist each other in consular matters in those countries where the Party does not have diplomatic or consular representation, at the request of either Party and within the framework of good service.
This Convention shall be ratified.
The date of exchange of the instruments of ratification to be carried out in Tirana shall be effective as soon as possible.
This Convention is concluded for a period of five years. It shall remain in force for another five years if one of the Contracting Parties does not present its wish to terminate the Convention six months before the end of the current period.
Written in Prague on 16 January 1959 in two copies, each in the Czech and Albanian languages, the two texts being equally authentic.
Under the authority of the President of the Czechoslovak Republic:
V. David v. r.
Under the authority of the Presidium of the People's Assembly of the People's Republic of Albania:
Behar Shtylla v. r.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 96 / 1960 Coll., on the Consular Convention between the Czechoslovak Republic and the People's Republic of Albania |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.07.1960 |
|---|---|
| Effective from | 28.04.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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