Consular (Conventions) Act
2008 Revised Edition
CAP. 52.10
CONSULAR (CONVENTIONS) ACT
Consular (Conventions) Act CAP. 52.10 Arrangement of Sections
2008 Revised Edition
Page 3
CONSULAR (CONVENTIONS) ACT
Arrangement of Sections
Section
1 Short title and interpretation .................................................................................. 5
2 Powers of consular officers in relation to property of deceased persons ............... 5
3 Supplementary provision as to section 2................................................................ 6
4 Restriction of powers of entry in relation to consular offices................................ 6
5 Exemption from stamp duty................................................................................... 7
6 Exemption from income tax................................................................................... 7
7 Application............................................................................................................. 8
Supporting Documents
ENDNOTES 8
Consular (Conventions) Act CAP. 52.10
2008 Revised Edition
Page 5
CONSULAR (CONVENTIONS) ACT
AN ACT TO CONFER UPON THE CONSULAR OFFICERS OF FOREIGN
STATES WITH WHICH CONSULAR CONVENTIONS ARE CONCLUDED
BY HER MAJESTY CERTAIN POWERS RELATING TO
ADMINISTRATION OF ESTATES AND PROPERTY OF DECEASED
PERSONS; TO RESTRICT THE POWERS OF POLICE OFFICERS AND
OTHERS TO ENTER THE CONSULAR OFFICES OF SUCH STATES;
AND TO EXEMPT FROM STAMP DUTY CERTAIN DOCUMENTS
CONNECTED WITH TRANSACTIONS ENTERED INTO BY SUCH
STATES1
Commencement [28th September 1951]
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 officer” means any person who is granted an exequatur or
provisional or other authorisation by the Governor-General;
“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 Governor-General but
shall not include any person employed on domestic duties.
2 Powers of consular officers in relation to property 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 Tuvalu or is otherwise a person to whom a grant of representation
Section 3 CAP. 52.10 Consular (Conventions) Act
2008 Revised Edition Page 6
to the estate in Tuvalu 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 Tuvalu, 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 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 Tuvalu forming part of the
estate of a deceased person or to receive payment in Tuvalu 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 law be paid or delivered without grant
of probate or other proof of title,
then if the said national is not resident in Tuvalu 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 Tuvalu 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 done by virtue of powers
conferred upon him by or under section 2 of in respect of any document for the time
being in his possession relating thereto.
4 Restriction of powers of entry in relation to consular offices
(1) Subject to the provisions of this section a consular office of a foreign state to
which this section applies shall not be entered by a police officer or other
person acting in the execution of any warrant or other legal powers or in the
exercise of powers conferred by or under any enactment (whether passed
before or after the commencement of this Act), or otherwise except with the
consent of the consular officer in charge of that office or, if that consent is
withheld or cannot be obtained, with the consent of the Governor-General:
Consular (Conventions) Act CAP. 52.10
2008 Revised Edition
Page 7
Provided that the foregoing provisions of this subsection shall not apply in
relation to any entry effected —
(a) in pursuance of the provisions of any enactment which confers or may
hereafter confer power to enter premises for the purpose of
extinguishing or preventing fire;
(b) by a police officer having reasonable cause to believe that a crime
involving violence has been or is being or is about to be committed in
the consular office;
(c) by any person entitled by virtue of any easement, contract or other
private right.
(2) This section shall not apply to any consular office which for the time being is
in charge of a consular officer who is a citizen of Tuvalu or is not a national
of the state by which that office is maintained.
(3) For the purpose of this section the expression “consular office” means any
building or part of a building which is exclusively occupied for the purposes
of the official business of a consular officer.
5 Exemption from stamp duty
Stamp duty shall not 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;
(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 employee.
6 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
Tuvalu and is not also of the nationality of the said foreign state.
(2) Without prejudice to the provisions of the previous subsection income tax
shall not be chargeable on the income derived from sources outside Tuvalu 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 Tuvalu;
(b) is not engaged in private occupation for gain; and
Section 7 CAP. 52.10 Consular (Conventions) Act
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(c) is a permanent employee of the said foreign state or, if not a permanent
employee thereof, was not resident in Tuvalu at the commencement of
his employment at the consulate of the said foreign state.
7 Application
The Governor-General 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 Majesty.
ENDNOTES
1 1990 Revised Edition, Cap. 18 – Act 5 of 1951, LN 16/1972