Chapter 18:02 - Consular Conventions

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L.R.O. 1/2012
LAWS OF GUYANA
CONSULAR CONVENTIONS ACT
CHAPTER 18:02
Act
41 of 1950
Amended by
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
26 of 1970
1 – 11 .. 1/2012
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Index
of
Subsidiary Legislation
Page
Consular Conventions (Kingdom of Norway) Order 8
(O. in C. 37/1951)
Consular Conventions (United States of America) Order 8
(O. in C. 38/1952)
Consular Conventions (Kingdom of Sweden) Order 8
(O. in C. 41/1952)
Consular Conventions (French Republic) Order 9
(O. in C. 23/1954)
Consular Conventions (Kingdom of Greece) Order 9
(O. in C. 26/1954)
(O. in C. 48/1955)
Consular Conventions (Federal Republic of Germany) Order 10
(O. in C. 45/1958)
Consular Conventions (Italian Republic) Order 10
(O. in C. 47/1958)


Consular Conventions (United States of Mexico) Order 10
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CHAPTER 18:02
CONSULAR CONVENTIONS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Power of consular officers in relation to property in Guyana of
deceased persons.
3. No immunity in respect of acts done by virtue of sections 1 and 2
4. Exemption from taxes.
5. Property of deceased seamen.
6. Wrecks.
7. Application of sections 1, 2 and 4.
__________________________ 1953 Ed.
c. 351 _______________________________________________________
41 of 1950 An Act to confer upon the Consular Officers of Foreign
States with which consular conventions are concluded
by the Government of Guyana certain powers relating
to the administration of the estates and property of
deceased nationals of such States; to exempt such
officers from the payment of any tax in respect of any
land or buildings owned or occupied by any such State
for the purpose of a Consular Office; to enable any land
or buildings to be conveyed to any such State without
the payment of stamp duties; to restrict the powers of
constables and other persons to enter the Consular
Offices of such States; and for purposes connected
with the matters aforesaid.
[7th October, 1950]

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Short title.
Power of
consular
officers in
relation to property in
Guyana of
deceased
persons.
1. This Act may be cited as the Consular Conventions
Act.
2. (1) Notwithstanding the provisions of any
enactment to the contrary, where any person who is a
national of a State to which this section applies is named as
executor in the will of a deceased person disposing of property in Guyana, or is otherwise a person to whom a grant
of representation to the estate in Guyana of a deceased person
may be made, then, if the Court is satisfied, on the
application of a consular officer of the said State, that the said
national is not resident in Guyana, and if no application for a
grant of such representation is made by a person duly
authorised by power of attorney to act for him in that behalf,
the Court shall make to that officer any such grant of
representation to the estate of the deceased person as would
be made to him if he were so authorised as aforesaid:
Provided that the Court may, if it thinks fit, postpone the
making of a grant by virtue of this section during such period
as the Court considers appropriate, having regard to the
circumstances of the case.
(2) Where any person who is a national of any
State to which this section applies—
(a) is entitled to payment or delivery of
any money or property in respect of
any interest in the estate of a deceased
person or vesting in possession on the
death of any person, or is entitled to
payment of any money becoming due
on the death of any person; or
(b) is a person to whom any money or
property comprised in the estate of a
deceased person may be paid or
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delivered in pursuance of any
enactment, rule or regulation,
whether passed or made before or
after the commencement of this Act,
authorising the payment or delivery
of such money or property without
representation to the estate of the
deceased being granted;
then, if the said national is not resident in Guyana, a consular
officer of that State shall have the like right and power to
receive and give a valid discharge for any such money or
property in Guyana as if he were duly authorised by power of
attorney to act for him in that behalf:
Provided that no person shall be authorised or required
by this subsection to pay or deliver any money or property to
a consular officer if it is within his knowledge that any other
person in Guyana has been expressly authorised to receive
that money or property on behalf of the said national.
(3) A grant of administration made by virtue of
this section may be made to the consular officer by his
official title, and to his successors in office; and where a
grant is so made, the office of administrator and all the estate,
rights, duties and liabilities of the administrator (including
the liabilities under any bond for the due administration of
the estate), shall be vested in and imposed on the person for
the time being holding the office, and no fresh grant shall be
required by reason only of the death or vacation of office of
the person to whom the grant was made or in whom it is
vested as aforesaid:
Provided that nothing in this subsection shall affect any
limitation contained in the grant, or any power of the Court to
revoke the grant.
(4) Notwithstanding section 30 of the Deceased
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No immunity
in respect of
virtue of
sections 1 and
2.
Exemption
from taxes.
Persons Estates’ Administration Act, sureties shall not be
required to any bond entered into by a consular officer upon
the grant of administration by virtue of this section.
3. Notwithstanding any rule of law conferring
immunity or privilege in respect of the official acts and
documents of consular officers, a consular officer shall not be
entitled to any immunity or privilege in respect of any act
done by virtue of powers conferred on him by or under
section 2, or in respect of any document for the time being in
his possession relating thereto.
4. Notwithstanding any enactment to the contrary
(whether passed before or after the commencement of this
Act)—
(a) no tax or similar charge of any kind
shall be levied upon or collected in
respect of any land or buildings
owned by any State to which this
section applies, or occupied on behalf
of such State by any person, for the
purposes of a consular office, or a
residence of a consular officer or
employee other than taxes or assessments levied for services or
public improvements by which, and
to the extent that the premises are
benefited; and
(b) no tax, stamp duty or similar charge
of any kind shall be imposed or
collected in respect of any
conveyance or transport of
immovable property, to any State to
which this section applies, or in
respect of any lease by such State of
c. 12:01
acts done by
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Property of
deceased
seamen.
57 & 58 Vict.
c. 60.

Wrecks.
c. 49:01
Application of
section 1, 2 and
4.
[26 of 1970]
any premises, for any of the purposes
specified in paragraph (a) of this
section.
5. Notwithstanding section 173 of the applied Act
entitled the Merchant Shipping Act, where it appears to the
proper officer having the charge of the money or property of
a deceased seaman, that any person to whom any money or
other property may be paid or delivered under section 176(1)
(b) of the Merchant Shipping Act, 1894, is resident in a foreign
State, he may pay or deliver the money or property to a
consular officer of that State, and section 176 shall have effect
accordingly.
6. The powers of a consular officer under section
521(2) of the Merchant Shipping Act, 1894, as applied to
Guyana by section 3 of the Laws of Merchant Shipping Act, is
hereby extended to the custody and disposal of the wrecked
ship itself, as well as to the custody and disposal of any
articles belonging to or forming part of the said ship or
belonging to or forming part of its cargo.
7. (1) The Minister may, by order, direct that sections
1, 2 and 4 of this Act or any of them shall apply to any foreign
State specified in the order, being a State with which a
consular convention providing for matters for which
provision is made by those sections, has been concluded by
the Government of Guyana.
(2) Any order made under this section shall be laid
before the National Assembly after being made.
____________________

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SUBSIDIARY LEGISLATION
_________________
CONSULAR CONVENTIONS ORDERS
made under section 8 (1)
O. in C.
37/1951
Citation.
O. in C.
38/1952.
Citation.
O. in C.
41/1952
Citation.
KINGDOM OF NORWAY
1. This Order may be cited as the (Consular
Conventions (Kingdom of Norway) Order and shall be
deemed to have come into operation on the 30th August,
1951.
2. Sections 2, 4 and 5 of the Consular Conventions Act
shall apply to the Kingdom of Norway.
_______________
UNITED STATES OF AMERICA

1. This Order may be cited as the Consular
Conventions (United States of America) Order and shall be
deemed to have come into operation on the 7th September,
1952.
2. Sections 4 and 5 of the Consular Conventions Act
shall apply to the United States of America.
_______________
KINGDOM OF SWEDEN
1. This Order may be cited as the Consular
Conventions (Kingdom of Sweden) Order and shall be
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O. in C.
23/1954
Citation.

O. in C.
26/1954

Citation.
deemed to have come into operation on the 24th September,
1952.
2. Sections 2, 4 and 5 of the Consular Conventions Act
shall apply to the Kingdom of Sweden.
__________________
CONSULAR CONVENTIONS (FRENCH REPUBLIC)
ORDER
made under section 8 (1)
1. This Order may be cited as the Consular
Conventions (French Republic) Order and shall be deemed to
have come into operation on the 14th January, 1954.
2. Sections 2, 4 and 5 of the Consular Conventions Act
shall apply to the French Republic.
_________________
CONSULAR CONVENTIONS (KINGDOM OF GREECE)
ORDER
made under section 8 (1)
Conventions (Kingdom of Greece) Order and shall be deemed
to have come into operation on the 14th February, 1954.
2. Sections 2, 4 and 5 of the Consular Conventions Act
shall apply to the Kingdom of Greece.
__________________
l. This Order may be cited as the Consular
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O. in C.
48/1955

Citation.

O. in C.
45/1958

Citation.

O. in C.
47/1958
Citation.
CONSULAR CONVENTIONS (UNITED STATES OF
MEXICO) ORDER
made under section 8 (1)
1. This Order may be cited as the Consular
Conventions (United States of Mexico) Order and shall be
deemed to have come into operation on the 1st April, 1955.
2. Sections 2, 4 and 5 of the Consular Conventions Act
shall apply to the United States of Mexico.
_________________
CONSULAR CONVENTIONS (FEDERAL REPUBLIC OF
GERMANY) ORDER
Made under section 8 (1)
1. This Order may be cited as the Consular
Conventions (Federal Republic of Germany) Order and shall
be deemed to have come into operation on the 28th
December, 1957.
2. Sections 2, 4 and 5 of the Consular Conventions Act
shall apply to the Federal Republic of Germany.
________________
CONSULAR CONVENTIONS (ITALIAN
made under section 8 (1)
1. This Order may be cited as the Consular
Conventions (Italian Republic) Order and shall be deemed to
have come into operation on the 29th December, 1957.
REPUBLIC) ORDER
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2. Sections 2, 4 and 5 of the Consular Conventions Act
shall apply to the Italian Republic.
__________________

11 Consular Conventions
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