Decree of the Minister for Foreign Affairs No. 97 / 1989 Coll.
Decree of the Minister for Foreign Affairs on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of China
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Effective from 05.07.1989
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97
DECLARATION
Minister for Foreign Affairs
of 13 July 1989
concerning the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of China
On 5 September 1988, the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of China was signed in Beijing.
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 Prague on 5 June 1989.
The Convention entered into force on 5 July 1989 on the basis of Article 54 (1) thereof. The Consular Treaty between the Czechoslovak Republic and the People's Republic of China of 7 May 1960, published in No. 69 / 1961 Coll.
The Czech version of the Convention shall be published simultaneously.
Minister:
JUDr. Johanes v. r.
CONSULAR CONVENTION
between the Czechoslovak Socialist Republic and the People's Republic of China
Czechoslovak Socialist Republic and People's Republic of China
led by the common objective of maintaining, strengthening and deepening relations in the spirit of friendship and cooperation, on the basis of respect for sovereignty, equality, mutual benefit and non-interference in internal affairs,
Building on the necessity of amending the Consular Treaty between the Czechoslovak Republic and the People's Republic of China signed by both countries in Prague on 7 May 1960,
in order to further develop their consular contacts in order to protect the national rights and interests of both States and the rights and interests of their citizens
decide to conclude this Convention and agree as follows:
DEFINITIONS
Definitions
For the purposes of this Convention, the following expressions have the following meanings:
(1) "consular post" shall mean the Consulate General, the Consulate, the Vice-Consulate or the consular office;
(2) "consular circuit" means a territory designated by the consular office for the performance of consular functions;
(3) "Head of the consular post" shall mean the person authorised by the sending State to lead the consular office;
(4) "consular officer" means any person, including the Head of the consular post, responsible for carrying out consular functions;
(5) "consular staff" means any person who performs administrative or technical work at the consular office;
(6) "member of the staff" shall mean any person who carries out work at the consular office;
(7) "members of the consular post" shall mean consular officials, consular staff and staff members;
8. "member of private staff" means a person employed in the private service of a member of the consular post;
9) "family members" means the spouse, children and parents of a member of the consular post who live with him in the same household;
(10) "consular rooms" means buildings or parts of buildings and land belonging thereto exclusively used for the purposes of the consular office, irrespective of who the owner is;
(11) "consular archives" means all documents, documents, correspondence, telegrams, books, seals, films, recording tapes, registers, codes and cipheres, files of the consular office, together with any part of the equipment intended for their protection and storage;
12) "national citizen of the sending State" means any natural person having the nationality of the sending State and, where applicable, a legal person;
(13) "ship of the sending State" means any ship flying the flag of the sending State in accordance with its law, with the exception of military ships;
(14) "aircraft of a sending State" means any aircraft registered in that State in accordance with its laws and regulations and bearing its designation, with the exception of military aircraft.
CONSULTING STYLES GENERAL
Establishment of a consular office
1. The sending State may establish a consular post on the territory of the receiving State only with the consent of that State.
2. The seat of the consular office, its classification and the consular circuit, as well as any changes thereto, shall be determined by the sending State and shall be subject to the consent of the recipient State.
3. The prior express consent of the beneficiary State shall also be required to establish an office forming part of the consular office located outside the seat of that office.
Appointment and acceptance of the Head of the consular post
1. The sending State shall pass a patent on the appointment of the Head of the consular post through diplomatic channels to the receiving State. This patent shall certify the full name, category and class of the head of the consular post, the seat of the consular office and the consular district.
2. The accepting State shall grant exequatur as soon as possible after receiving the patent for the appointment of the head of the consular post. If he refuses to provide exequatur, he shall not be obliged to disclose the reasons for such refusal.
3. The head of the consular post may perform his duties after the exequatur has been granted. Before receiving exequatur, it may carry out its duties provisionally, with the consent of the beneficiary State, in accordance with the provisions of this Convention.
4. Upon the adoption of the Head of the consular post by the receiving State or after having been authorised to perform his duties provisionally, the receiving State shall notify the competent authorities of the consular district without delay and shall take all necessary measures to enable the Head of the consular post to carry out its functions and to enjoy the rights, benefits, privileges and immunities enshrined in this Convention.
Temporary performance of the functions of Head of the consular post
1. If, for any reason, the Head of the consular post is unable to perform his duties or his post is temporarily vacant, the sending State may appoint a consular officer of that office or of another consular office in the recipient State or a member of diplomatic staff of its diplomatic mission in the recipient State as the temporary head of the consular post. The sending State shall notify the receiving State in advance of the full name and status of the temporary head of the consular post.
2. The temporary Head of the consular post may provisionally act as Head of the consular post and shall enjoy the same rights, benefits, privileges and immunities provided by this Convention to the Head of the consular post.
3. A member of diplomatic staff designated as the temporary head of the consular post shall continue to enjoy diplomatic privileges and immunities.
Notification of appointment, arrival and departure
The sending State shall notify the competent authority of the receiving State in writing within a reasonable period of time:
(1) the full name and rank of the members of the consular post, their arrival and their final departure or termination of their functions as well as any changes in their functions during their service at the consular office;
(2) full name, citizenship, arrival and final departure of a member of the family of a member of the consular post and the fact that any person becomes or ceases to be a member of that member of the consular post;
(3) full name, citizenship, work capacity, arrival and final departure of a member of the private staff, where appropriate, the arrival and termination of his service;
(4) the beginning and termination of the employment of a consular staff member or a member of the staff of the consular post who is a national citizen of or resident in the recipient State.
Card
The competent authorities of the beneficiary State shall issue, in accordance with their respective rules, appropriate ID cards to members of the consular post and their family members, with the exception of those persons who are nationals of, or reside in, the beneficiary State.
Citizenship of members of consular posts and private staff
1. Only a national of a sending State who is not resident in the recipient State may be a consulate official.
2. A consular staff member or a member of the staff or private staff of the consular post may be either a citizen of the sending State or a citizen of the receiving State, or, with the consent of the receiving State, a national of a third State.
Persons declared non grata
1. The receiving State may at any time notify the sending State by diplomatic channels that the consular officer is persona non grata or that any other member of the consular office is unacceptable. In such a case, the sending State shall either withdraw such person or terminate his duties at the consular office.
2. If the sending State fails to comply within a reasonable period of time 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 it as a member of the consular post.
3. In the cases referred to in paragraphs 1 and 2 of this Article, the receiving State shall not be obliged to inform 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:
(1) by notifying the sending State to the receiving State that the post of member of the consular post has ceased;
(2) appeal of exequatur;
(3) by notifying the beneficiary State that the recipient State has ceased to consider it as a member of the consular post.
CONSULAR FUNCTIONS
Basic consular functions
The consulate function depends in particular on:
(1) the protection of the rights and interests of the sending State and its national citizens in the recipient State;
(2) to promote the development of economic, commercial, scientific, cultural, educational and tourist contacts between the sending State and the receiving State and to develop their friendly contacts and cooperation elsewhere;
(3) in the identification by all legal means in the beneficiary State of the economic, commercial, scientific, technical, cultural, educational, tourist and other areas and in the reporting thereof to the Government of the sending State.
Function in personal matters
1. The consular officer shall be entitled to:
1) receive applications and declarations concerning citizenship and issue relevant documents;
(2) register national citizens of the sending State who are resident or temporarily resident in its consular district;
3) register the birth and death of national citizens of the sending State and procure birth and death certificates;
(4) to marry and issue relevant documents between the national citizens of the sending State;
5) accept declarations concerning family circumstances and obtain documents on the personal status of the national citizens of the sending State.
2. The competent authorities of the beneficiary State shall, as soon as possible upon request, send copies and extracts of the register to the consular post concerning the national citizens of the sending State.
Passports and visas
The consular officer shall be entitled to:
(1) to issue, extend, amend, revoke, withdraw or retain passports and other travel documents of State citizens of the sending State;
(2) issue the relevant visas to persons wishing to travel to, or to pass through, modify and invalidate the sending State.
Notary and verification functions
1. The consular officer shall be entitled to perform the following functions at the consular office, in the flat of a national citizen of the sending State, on board an aircraft or a ship of the sending State, unless this is contrary to the laws and regulations of the receiving State:
(1) receive, write, certify, translate and verify the documents of the national citizens of the sending State, provided that they are not instruments establishing or transferring the right to real estate in the territory of the recipient State;
(2) to write, verify or accept in the custody of a will or other instrument of unilateral legal acts made by the national citizens of the sending State in accordance with the laws of their country;
(3) verify the signatures of the national citizens of the sending State;
(4) verify the signatures and seals on documents issued by the authorities of the sending State or the receiving State and certify copies, translations or extracts thereof;
(5) verify the certificate of origin and the commercial accounts of goods exported from the beneficiary State or other similar documents;
(6) perform other notarial functions entrusted to the sending State.
2. When used in the recipient State, documents drawn up, certified or certified by the consular officer in accordance with the provisions of paragraph 1 of this Article shall have the same legal validity as those drawn up, certified or certified by the competent authorities of the beneficiary State.
Assistance to state citizens of the sending State
The consular officer shall be entitled to receive or take into temporary storage the money, valuables and documents of the national citizens of the sending State and other movable property thereof, provided that this is not contrary to the laws and regulations of the receiving State.
Links with State citizens of the sending State
1. The consular officer shall have the right to contact and access any State citizen of the sending State in the consular district. State citizens of the sending State shall have the same right in relation to and access to connections with consular officials of the sending State.
2. The competent authorities of the beneficiary State shall inform the consular post as soon as possible, but not later than 7 days at the latest, of the cases where a national citizen of the sending State has been detained, arrested or otherwise deprived of his or her nationality in its consular district. Any report designated for the consular post by such a national shall also be forwarded without delay by those authorities. Those authorities shall immediately inform the person concerned of his rights under this provision.
3. The consular officer shall have the right to visit a State citizen of the sending State who is detained, arrested or otherwise deprived of his freedom to speak to him or to be in contact with him and to provide legal assistance for him. The competent authorities of the beneficiary State shall allow the visit of that State citizen by the consular officer as soon as possible and at the latest within 15 days of the request.
4. A consular officer shall have the right to visit a State citizen of the sending State who is in the execution of a prison sentence.
5. In carrying out the functions referred to in this Article, the consular officer shall comply with the relevant laws and regulations of the recipient State. However, the implementation of these laws and regulations of the recipient State shall not restrict the exercise of the rights referred to in this Article.
Corruption and custody
1. The competent authorities of the beneficiary State shall notify the consular post in writing if there is a need for a guardian or guardian in the consular district for a national citizen of the sending State (including minors) who has no capacity or limited capacity to act on his behalf.
2. The consular officer shall be entitled, to the extent permitted by the laws and regulations of the recipient State, to protect the rights and interests of the national citizens of the sending State (including minors of the State) who do not have the capacity or the limited capacity to act on their behalf and, where necessary, to recommend the guardian or guardian to the persons concerned, to oversee the activities relating to the protection or custody of those citizens, as well as to take care of those citizens.
Representation of state citizens of the sending State before courts and other authorities of the receiving State
1. In accordance with the laws of the beneficiary State, the consular officer shall have the right to represent or take measures to ensure the appropriate representation of the national citizens of the sending State before the courts or other authorities of the receiving State in cases where, in the absence or otherwise, those citizens are unable to take up their rights and interests in good time.
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.
Function in matters of succession
1. The competent authority of the beneficiary State shall inform the consular post as soon as possible if it becomes aware of the death of a State citizen of the sending State in the receiving State and shall send it a death certificate or any other instrument certifying death and provide it with available information on the inheritance, heirs and wills as soon as available.
2. If the deceased citizen of the sending State leaves the property in the recipient State and if there is no heir or executor in the recipient State, the competent authorities of the receiving State shall immediately provide the consular office with adequate information on the assets, including those of the deceased State citizen in a third country.
3. In the case referred to in paragraph 2 of this Article, the competent authority of the recipient 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 recipient State by the deceased national 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 national citizens of the sending State to the inheritance. The consular officer shall have the right to be present at the inventory and sealing of the property by the competent authorities of the beneficiary State.
4. Where, in the recipient State, a national citizen of the sending State is entitled to communicate or receive a property or a dependent gift from the deceased of any citizenship and is not in the territory of the receiving State, the competent authorities of the receiving State shall inform the consular office of such receipt of the inheritance, property or a gift referred to by the State.
5. Where a national of the sending State has the right or exercise the right to inherit property in the recipient State and where neither he nor his representative can be present in an inheritance proceedings, the consular officer shall be entitled to represent the national citizen himself or through a person empowered by him before a court or other competent authority of the recipient State.
6. A consulate official shall be entitled in the recipient State to accept, on behalf of a State citizen of the sending State who does not have a permanent residence in the recipient State, any inheritance or a dependent gift which is due to that State citizen after payment of all debts, inheritance fees or a dependent gift and taxes, and to transmit that inheritance or a dependent gift to that State citizen.
7. If a national of a sending State who does not have a permanent residence in the recipient State dies during his temporary stay in the recipient State or at the time he passes through it, and his relative is not in the receiving State, or the legal representative, the consular officer shall be entitled to take over all documents, money and personal effects belonging to the deceased State citizen in order to transfer them to his heir, to the executor of his will or to other persons entitled to receive the property.
Assistance to ships of the sending State
1. The consular officer shall be entitled to provide assistance to ships of the sending State located in the internal waters or the territorial sea of the recipient State, as well as to their captains and crew members, as well as:
(1) enter the ship after the ship has been authorised to enter the port and interview the captain or crew on matters relating to the ship, its cargo and its journey;
(2) investigate, without prejudice to the competence of the competent authorities of the beneficiary State, any event occurring during the voyage;
(3) resolve disputes between the captain and the crew;
(4) receive visits by the captain or crew members and, where necessary, take measures to ensure medical care for them or their return home;
(5) receive, check, draw up, sign or verify documents relating to the ship, its cargo and its journey;
6) to deal with other matters concerning the ship entrusted to it by the competent authorities of the sending State.
2. The authorities of the beneficiary State shall provide the necessary assistance at the request of the consular officer.
3. The ship's captain or crew members may contact the consular officer, and may also visit the consular office without special permission, provided that this is not contrary to the laws and regulations of the receiving State concerning port management and foreigners.
Protection in the case of enforcement measures against a ship of the sending State
1. Where the courts or other competent authorities of the beneficiary State intend to take enforcement measures or to initiate an official investigation in relation to or on board a ship of the sending State, they shall inform the consular post in advance so that the consular officer or his representative may be present when taking measures. Where the matter is urgent or where the consular officer cannot be present for other reasons, a detailed report on the implementation of those measures shall be sent to him.
2. Paragraph 1 of this Article shall apply mutatis mutandis to similar measures taken by the competent authorities of the beneficiary State on the shore against the captain or crew members.
3. The provisions of paragraphs 1 and 2 of this Article shall not apply to routine inspections carried out by the competent authorities of the beneficiary State in respect of customs, health or border inspection or port management.
4. Without the request or consent of the captain or consular officer, the competent authorities of the receiving State shall not interfere in the internal affairs of the ship of the sending State, provided that the peace, security and public order of the receiving State are not infringed.
Assistance to ships of the sending State in the event of an accident
1. Where a ship of the sending State is in an accident in the internal waters or in the territorial sea of the receiving State, the competent authorities of the receiving State shall report without delay to the consular authority and inform it of the measures taken to rescue the ship, its occupants, its cargo and other property.
2. The consular officer shall be entitled to take measures to provide assistance to any ship of the sending State, its crew and passengers in the event of an accident and to request assistance from the competent authorities of the receiving State in this context. The competent authorities of the beneficiary State shall provide the consular officer with the necessary assistance in preparing and implementing the relevant measures.
3. If a shipwreck of a sending State or its goods or cargo is found near the coasts of the receiving State or transported to its port, and if neither the captain, owner or operator of the ship, nor any representative of the shipping company or its insurance company is present, or is unable to take measures to protect or dispose of them, the competent authorities of the receiving State shall report to the consular office as soon as possible. The consular officer may take appropriate measures on behalf of the owner or operator of the ship.
4. Where a shipwreck belongs to a third country, the provisions of paragraph 3 of this Article shall also apply to cargo belonging to the sending State or its national and located on that ship, which is located near the coasts of the receiving State, or is transported to its port.
5. The shipwreck of the sending State and its cargo and goods shall not be subject to customs duties or other similar charges of the receiving State unless they are unloaded for sale or use in that State.
Air of the Sending State
The provisions of Articles 19-21 of this Convention shall apply mutatis mutandis to aircraft of the sending State.
Service of documents and handling of requests
The consular officer shall be entitled to service judicial and extrajudicial documents or to process the application or mandate to carry out the evidence for the courts of the sending State in accordance with the applicable international agreements or, in the absence of such international agreements, in any other way consistent with the laws and regulations of the receiving State.
Consular function performance
1. The consular officer shall perform his duties only in the consular district. With the consent of the beneficiary State, it may also perform its functions outside the consular district.
2. 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.
Connection with the authorities of the beneficiary State
The consular officer may contact the competent local authorities of the consular district in the performance of his duties. Where necessary, it may contact the competent central authorities of the beneficiary State, to the extent permitted by the laws and regulations of the beneficiary State and the usual practice of the beneficiary State, or by relevant international agreements.
ADVANCES, PRINCIPLES AND IMMUNITY
Advantages granted to the consular post
1. The beneficiary State shall grant full benefits for 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 appropriate measures to facilitate the performance of the duties of the members of the consular post and to guarantee their rights, privileges, privileges and immunities as provided for in this Convention.
Acquisition, hiring and use of consular rooms
1. The sending State shall have the right to:
(1) to purchase, hire or acquire, otherwise, buildings or parts of buildings and land associated with them for the purpose of consular rooms and apartments of members of the consular post, with the exception of the apartments of those members of the consular post who are nationals of, or have permanent residence in, the State of reception;
2) build or repair buildings with the consent of the beneficiary State.
2. The receiving State shall assist the sending State in the acquisition of consular rooms and, if necessary, in the acquisition of the relevant apartments for members of its consular office.
3. In exercising the right referred to in paragraph 1 of this Article, the sending State shall not be deprived of the obligation to comply with the laws, regulations and administrative provisions of the receiving State, as well as the measures of local authorities concerning land, construction and land-use planning.
Use of the flag and emblem
1. The sending State shall have the right to place in the consular rooms its national emblem and the name of the consular office in the language of the sending and receiving State.
2. The sending State shall have the right to post its flag in the consular rooms, the residence of the Head of the consular office and the means of transport used in the performance of its duties.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 97 / 1989 Coll., on the Consular Convention between the Czechoslovak Socialist Republic and the People's Republic of China |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.09.1989 |
|---|---|
| Effective from | 05.07.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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