Consular Conventions Act


1988 Revised Edition






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CONSULAR CONVENTIONS ACT

Consular Conventions Act CAP. 160 Arrangement of Sections




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CONSULAR CONVENTIONS ACT

Arrangement of Sections
Section
1 Short title and interpretation. ...........................................................................5
2 Powers of consular officers in relation to property in the Kingdom of

deceased persons..............................................................................................5
3 Supplementary provision as to section 2..........................................................6
4 Exemption from stamp duty.............................................................................6
5 Exemption from income tax.............................................................................7
6 Application.......................................................................................................7

Consular Conventions Act CAP. 160 Section 1




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CONSULAR CONVENTIONS ACT

Acts 14 of 1951 and 7 of 1970

AN ACT TO MAKE PROVISION FOR CERTAIN POWERS AND
PRIVILEGES IN RELATION TO CONSULAR OFFICERS

Commencement [1st July, 1952]

1 Short title and interpretation.
(1) This Act may be cited as the Consular Conventions Act.

(2) In this Act, unless the context otherwise requires, “consular employee”
means any person employed at a Consulate for the performance of
executive, administrative, clerical, technical or professional duties or as a
consular guard, messenger or driver of a vehicle whose name has been
communicated by a consular officer to the Prime Minister but shall not
include any person employed on domestic duties.

2 Powers of consular officers in relation to property in the Kingdom
of deceased persons.
(1) Where any person who is a national of any foreign state to which this

section applies is named as executor in the will of a deceased person
disposing of property in the Kingdom or is otherwise a person to whom a
grant of representation to the estate in the Kingdom of a deceased person
may be made, then if the Court is satisfied, on the application of a
consular officer of the said foreign state, that the said national is not
resident in the Kingdom, and if no application for a grant of such

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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 as would be made to
him if he were so authorised as aforesaid.

(2) Where any person who is a national of any foreign state to which this
section applies —
(a) is entitled to any money or other property in the Kingdom forming

part of the estate of a deceased person or to receive payment in the
Kingdom of any money becoming due on the death of a deceased
person; or

(b) is among the persons to whom any money or other property of a
deceased person may under any Act whether passed before or after
the commencement of this Act be paid or delivered without grant of
probate or other proof of title,

then if the said national is not resident in the Kingdom 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 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 the Kingdom has been expressly
authorised to receive that money or property on behalf of the
said national.

(3) No surety shall be required to an administration bond given by a consular
officer upon the grant of administration by virtue of this section.

3 Supplementary provision as to section 2.
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 by virtue of powers
conferred upon him by or under section 2 of this Act or in respect of any
document for the time being in his possession relating thereto.

4 Exemption from stamp duty.
Stamp duty shall be chargeable upon the following documents —

(a) a receipt given for the payment of fees received by or on behalf of a
foreign state to which this section applies in compensation for
consular services;

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(b) any instrument relative to the acquisition by a foreign state to which
this section applies of immovable property for the purpose of a
consular office or a residence for a consular officer or employees,
or for the use of any of its agencies.

5 Exemption from income tax.
(1) Income tax shall not be chargeable in respect of the official emoluments,

salaries, wages or allowances received in compensation for his services at
a consulate by a consular officer or consular employee of a foreign state to
which this section applies unless such officer or employee is a citizen of
this Kingdom and is not also of the nationality of the said foreign state.

(2) Without prejudice to the provisions of subsection (1), income tax shall not
be chargeable on the income derived from the sources outside the
Kingdom of a consular officer or consular employee of a foreign state to
which this section applies:

Provided that such officer or employee —
(a) is not a citizen of this Kingdom,
(b) is not engaged in private occupation for gain, and
(c) is a permanent employee of the said foreign state or, if not a

permanent employee thereof, was not resident in the Kingdom at
the commencement of his employment at the consulate of the said
foreign state.

6 Application.
The King in Council may by Order* direct that all or any of the sections of this
Act 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 Her Britannic Majesty.

* The Act has been extended to the following countries — (a) Kingdom of
Norway (G. 63/52) (b) Kingdom of Greece (G. 14/55) (c) French Republic (G.
14/55) (d) United Mexican States (G. 34/55).