DIPLOMATIC AGENTS AND CONSULAR OFFICERS (OATHS AND NOTARIAL ACTS)

[CH.20 – 1

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

DIPLOMATIC AGENTS AND CONSULAR OFFICERS (OATHS AND NOTARIAL ACTS)

CHAPTER 20

DIPLOMATIC AGENTS AND CONSULAR OFFICERS (OATHS AND NOTARIAL ACTS)

ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. Bahamas diplomatic agent may administer oaths, etc. 4. Diplomatic agent of any state may administer oaths, if so authorized by

laws of that state. 5. Jurat.

DIPLOMATIC AGENTS AND CONSULAR OFFICERS (OATHS AND NOTARIAL ACTS)

[CH.20 – 3

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 20

DIPLOMATIC AGENTS AND CONSULAR OFFICERS (OATHS AND NOTARIAL ACTS)

An Act to empower diplomatic agents and Consular Officers to administer oaths, take affidavits and to perform notarial acts.

[Commencement 11th April, 1975] 1. This Act may be cited as the Diplomatic Agents

and Consular Officers (Oaths and Notarial Acts) Act. 2. (1) In this Act, unless the context otherwise

requires — “consular officer” means, subject to subsection (2),

any person, including the head of a consular post, entrusted in that capacity with the exercise of consular functions;

“consular post” means any consulate general, con- sulate, vice-consulate or consular agency;

“diplomatic agent” means, subject to subsection (3), the head of a mission or a member of the diplomatic staff of a mission;

“mission” means an Embassy or High Commission. (2) A reference to a consular officer of The

Bahamas includes a reference to a consular officer of a state other than The Bahamas, acting as such on behalf of the Government of The Bahamas.

(3) A reference to a diplomatic agent of The Bahamas includes a reference to a diplomatic agent of a state other than The Bahamas acting as such on behalf of the Government of The Bahamas.

(4) Unless the contrary intention appears, references in this Act to a section are references to a section of this Act and references in a section to a subsection are references to a subsection of that section.

4 of 1975

Short title.

Interpretation.

CH.20 – 4] DIPLOMATIC AGENTS AND CONSULAR OFFICERS (OATHS AND NOTARIAL ACTS)

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. (1) Every diplomatic agent of The Bahamas or consular officer of The Bahamas exercising his functions as such in any country or place other than The Bahamas may, in that country or place, administer any oath, take any affidavit or statutory declaration and do any notarial act; and every such oath, affidavit, statutory declaration or notarial act administered, taken or done by or before any such person shall be as effectual as if administered, taken or done by or before any lawful authority in The Bahamas.

(2) Any document purporting to bear the seal and signature of any person authorised by this section to administer an oath in testimony of any oath, affidavit, statutory declaration or act being administered, taken or done by or before him, shall be admitted in evidence without proof of the seal or signature being the seal or signature of that person, or of the official character of that person.

4. (1) A diplomatic agent of any state exercising his functions as such in The Bahamas may, if authorized to do so under the laws of that state, administer oaths, take affidavits or statutory declarations and do notarial acts —

(a) required by any person for use in that state or under the laws thereof; or

(b) otherwise required by a national of that state but not for use in The Bahamas.

(2) The Governor-General may by Order exclude or restrict the provisions of subsection (1) in relation to the diplomatic agents of any state if it appears that in such state diplomatic agents of The Bahamas are not permitted to perform functions corresponding in nature and extent to those authorized by that subsection.

5. Every person before whom any oath, affidavit or statutory declaration is taken or made under this Act shall state in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.

Bahamas diplo- matic agent may administer oaths, etc.

Diplomatic agent of any state may administer oaths, if so authorized by laws of that state.

Jurat.