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Law Approving The Convention Consular Between The Kingdom Of Belgium And The Russia Federation, Signed In Moscow On 22 December 2004 (1) (2) (3).

Original Language Title: Loi portant assentiment à la Convention consulaire entre le Royaume de Belgique et la Fédération de Russie, signée à Moscou le 22 décembre 2004 (1) (2) (3)

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belgiquelex.be - Carrefour Bank of Legislation

22 AOUT 2006. - Act to approve the Consular Convention between the Kingdom of Belgium and the Russian Federation, signed in Moscow on 22 December 2004 (1) (2) (3)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Consular Convention between the Kingdom of Belgium and the Russian Federation, signed in Moscow on 22 December 2004, will come out with its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, August 22, 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
Notes
(1) Session 2005-2006.
Senate:
Documents. - Bill tabled on March 31, 2006, No. 3-1651/1. - Report, number 3-1651/2.
Annales parliamentarians. - Discussion, meeting of June 15, 2006. - Vote, meeting of 15 June 2006.
Chamber:
Documents. - Project transmitted by the Senate, No. 51-2559/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2559/2.
Annales parliamentarians. - Discussion, meeting of 13 July 2006. - Vote, meeting of 13 July 2006.
(2) See Decree of the Flemish Community/ Flemish Region of 27 June 2008 (Belgian Monitor of 26 August 2008), Decree of the French Community of 24 October 2008 (Belgian Monitor of 5 December 2008 Ed. 3), Decree of the German-speaking Community of 23 March 2009 (Belgian Monitor of 17 April 2009 - Ed. 2 ), Decree of the Walloon Region of 21 February 2008 (Belgian Monitor of 5 March 2008)
(3) Pursuant to article 66, the Convention entered into force on 17 March 2010.

Consular Convention between the Kingdom of Belgium and the Russian Federation
The Kingdom of Belgium and the Russian Federation, as referred to below,
Desiring to develop relations of friendship between the two States, inspired by the desire to strengthen consular relations between them, for the more effective protection of the rights and interests of their nationals, have decided to conclude this Convention and to that end have agreed as follows:
CHAPTER Ier. - General
Definitions
Article 1er
1. In this Convention:
(a) by " Consular post" any Consular General, Consulate, Vice- Consulate or Consular Agency;
(b) by "consular district" the territory assigned to a consular post for the performance of consular duties;
(c) by "leader of the consular post" the person responsible for acting in that capacity;
(d) by "consular official" any person, including the head of consular post, in charge of the performance of consular duties;
(e) by "consular employee" any person employed in the administrative or technical services of a consular post;
(f) by "service staff member" any person assigned to the domestic service of a consular post;
(g) by "consular post" consular officials, consular employees and service personnel;
(h) by "consular staff" consular officials (other than the head of the consular post), consular staff and service staff;
(i) by "private staff member" a person employed exclusively in the private service of a consular officer;
(j) by "consular premises" all buildings or parts of the buildings, the land adjacent to those buildings or parts of the buildings, regardless of their owner, used exclusively for the purposes of the consular post;
(k) by "colonial archives" all documents, documents, correspondence, books, films, electronic media of information, audio or video recordings and records of the consular post, as well as the encryption and code material, seals and stamps, files and furniture intended to protect and preserve them;
(l) by "ship of the sending State" any ship, except for warships, flying the flag of the sending State and registered in that State;
(m) by "airport of the sending State" any aircraft, registered in the sending State and entitled to bear the identification marks of that State.
2. There are two categories of consular officials: career consular officials and honorary consular officials.
CHAPTER II. - Establishment of consular post, appointment of consular officers
Establishment of the consular post
Article 2
1. A consular post of the sending State cannot be established in the territory of the State of residence without the consent of the State of residence.
2. The office of the consular post, its class and its consular district shall be mutually agreed by the sending State and the State of residence.
3. Subsequent amendments may only be made by the sending State to the office of the consular post, its class or consular district with the consent of the State of residence.
4. The consent of the State of residence is also required when a Consulate General or a Consulate wishes to open a Vice-Consulat or a consular agency in a locality other than where it is established.
5. The express and prior consent of the State of residence is also required for the opening of an office that is part of the existing consular post, outside of its headquarters.
Appointment and admission of the head of the consular post
Article 3
1. Before the appointment of the head of the consular post, the sending State must, through diplomatic channels, obtain the consent of the State of residence for the proposed person.
2. If the State of residence does not consent to the appointment of a person as head of consular post, it is not obliged to justify its refusal to the sending State.
3. After receiving notification of consent to the appointment of the head of the consular post, the sending State shall communicate to the Ministry of Foreign Affairs of the State of Residence, through diplomatic channels, the letter of provision of the postmaster, which shall indicate his name and surnames, his nationality, class, consular district and the seat of the consular post.
4. After receiving the letter of provision, the State of residence delivers the copyquatur as soon as possible.
5. Apart from the cases referred to in paragraph 6 of this article and section 4, the head of the consular post shall not be admitted to the performance of his duties prior to the issuance of the exercise.
6. The State of residence may authorize the head of the consular post to perform his duties on an interim basis until such time as the exercise is issued. In such cases, the provisions of this Convention shall be applied.
7. As soon as the head of the consular post is admitted, even on a provisional basis, to the performance of his duties, the State of residence is required to inform the competent authorities of the consular district. It also ensures that the necessary measures are taken to enable the head of the consular post to discharge the duties of his office and to benefit from the treatment provided for in this Convention.
Temporary exercise of the functions of the head of consular post
Article 4
1. If the head of the consular post is unable to perform his or her duties or if his or her position is vacant, the duties of the head of the consular post may be performed provisionally by an interim manager of the consular post.
2. The names and names of the interim manager of the consular post shall be notified to the Ministry of Foreign Affairs of the State of Residence or to the competent authority designated by that Ministry, by the diplomatic mission of the sending State or, if that State does not have such a mission in the State of residence, by the head of consular post, or, if it is not in a position to do so, by any competent authority of the State. As a general rule, this notification is made in advance. The State of residence may submit to its consent the admission as interim manager of the consular post of a person who is neither diplomatic agent nor consular official of the sending State in the State of residence.
3. The competent authorities of the State of residence must provide assistance and protection to the interim manager of the consular post. During its management of the position, the provisions of this Agreement shall apply to it in the same manner as to the head of the consular post. However, the State of residence is not required to grant the person who temporarily exercises the functions of the head of the consular post, the facilities, privileges and immunities of which the head of the consular post only enjoys under conditions that the acting manager of the consular post does not perform.
4. When a diplomatic staff member of the diplomatic mission of the sending State in the State of residence is appointed interim manager of the consular post by the sending State, in accordance with the provisions of paragraph 1er of this article, it continues to enjoy the privileges and immunities granted to it under its diplomatic status, provided that the State of residence does not oppose it.
Appointment of consular staff
Article 5
1. Subject to the provisions of Articles 6 and 7 of this Convention, the sending State may freely appoint consular personnel.
2. The sending State shall notify the State of residence of the names and names, class and class of all consular officials, other than the head of the consular post, sufficiently in advance that the State of residence may, if it so desires, exercise the rights conferred on it by paragraph 3 of Article 7 of this Convention.
3. The State of residence shall issue to all members of the consular post and their family members, after their arrival, the identity cards which recognize their status as members of the consular post and members of their families.
Nationality of consular officials
Article 6
1. The career consular official is, in principle, a national of the sending State.
2. The Honorary Consular Official may be as a national of the sending State as a national of another State.
Persons declared "persona non grata"
Article 7
1. The State of residence may at any time inform the sending State, through diplomatic channels, that a consular official is "persona non grata" or that any other consular staff member is not acceptable. The sending State will then remind the person in question or terminate his or her duties in the consular office, as the case may be.
2. If the sending State refuses to perform or perform within a reasonable time the obligations of the sending State under paragraph 1er of this article, the State of residence may, as the case may be, withdraw the exequatur issued to the person in question, or cease to consider it as a member of the consular staff.
3. A person appointed as a member of a consular post may be declared unattainable prior to his/her arrival in the territory of the State of Residence or, if he/she is already there, before taking office at the consular post. In each case, the sending State must withdraw the appointment.
4. In the cases referred to in paragraphs 1er and 3 of this article, the State of residence is not required to communicate to the sending State the reasons for its decision.
Notification to the State of residence of appointments, arrivals and departures
Article 8
1. shall be notified to the Ministry of Foreign Affairs of the State of Residence or to the authority designated by that Ministry:
(a) the appointment of members of the consular post, the arrival of members of the consular post after their appointment to the consular post, their final departure or the termination of their duties, as well as any other changes affecting their status, during the performance of their duties in the consular post.
(b) the arrival and final departure of a person from the family of a member of the consular post living in his home, and, where appropriate, the fact that such a person becomes or ceases to be a member of the family;
(c) the final arrival and departure of private staff and, where appropriate, the termination of their service in that capacity;
(d) the appointment and termination of persons residing in the State of residence as members of the consular post or as members of the private staff entitled to privileges and immunities.
2. The notification of final arrival and departure must be made, if possible, in advance.
CHAPTER III. - Facility, privileges and immunities
Acquisition of consular premises
Article 9
1. The sending State has the right, in its name or through any natural or legal person mandated for that purpose, in accordance with the laws of the State of residence and with the consent of the State of residence, to acquire in property, to receive in enjoyment, or to receive in possession in any other form:
(a) buildings or parts of buildings intended to house consular premises, the residence of the head of the consular post, and the premises of any other consular staff member who is not a national of the State of residence or who has no permanent residence in that State;
(b) land for the construction of all consular and residential premises.
2. The State of residence shall, if necessary, lend its adequate assistance and assistance to the sending State in the exercise of the rights specified in paragraphs 1er of this article.
3. The sending State must respect the legislation of the State of residence regulating the establishment and design of buildings and urban planning.
Protection of consular posts
Article 10
1. The State of residence shall take all measures to allow the consular post to exercise its functions.
2. The State of residence treats consular officials with due respect and takes all appropriate measures to prevent any violation of the person, liberty and dignity of the members of the consular post who are neither nationals of the State of residence, nor permanent residents in the State of residence, as well as members of the family living in the home of one of the aforementioned persons.
National flag and badge
Article 11
1. The sending State has the right to use its national pavilion and its State arms shield in the State of residence in accordance with the provisions of this article.
2. The national pavilion of the sending State can be raised and its armoured stable of the State can be fixed on the building occupied by the consular post, on its entrance gates, as well as on the residence of the head of the consular post and on its means of transport, when these are used for the needs of the service.
3. By exercising the rights provided for in this article, the sending State respects the law of the State of residence.
Inviolability of consular premises
Article 12
1. Consular premises are inviolable.
2. The authorities of the State of Residence may not enter the portion of the consular buildings which is used exclusively for the operation of the consular post except with the consent of the head of the consular post, the person he has designated or the head of the diplomatic representation of the sending State. However, the consent of the head of the consular post may be presumed to be acquired in the event of a fire or other disaster requiring immediate protection. In no case do these authorities have the right to derogate from the inviolability of consular archives, to study and copy them.
3. The State of residence has a special obligation to take all appropriate measures to protect consular premises from intrusion or damage and to prevent the peace of the consular post from being disturbed or its dignity from being diminished.
4. The consular premises, their furnishings and property of the consular post, as well as its means of transport, cannot be subject to any form of requisition for national defence or public utility of the State of residence. In the event that an expropriation would be necessary for the same purposes, all appropriate measures will be taken to prevent the exercise of consular functions and prompt, adequate and effective compensation will be paid to the sending State.
Inviolability of consular archives
Article 13
Consular archives are inviolable at any time and anywhere.
Tax exemption from consular premises
Article 14
1. The consular premises and the residence of the head of the consular post, including the sending State or any other person acting on behalf of the latter is the owner or the tenant, are free of all taxes, duties and taxes, national, regional and communal, with the exception of those collected in remuneration of particular services rendered.
2. The tax exemptions specified in paragraph 1er of this article, shall not apply to duties, taxes and taxes when, according to the law of the State of residence, they are at the expense of persons who have contracted with the sending State or with the person acting on behalf of the sending State.
Freedom of movement
Article 15
Subject to the law relating to areas whose access is prohibited or restricted for reasons of national security or public order, the State of residence must ensure the freedom of movement and movement in its territory to all members of the consular post.
Freedom of communication
Article 16
1. The State of residence permits and protects the freedom of communication of the consular post for all official purposes. By communicating with the government, diplomatic missions and other consular posts of the sending State, wherever they are, the consular post may use all appropriate means, including diplomatic or consular mail, diplomatic or consular suitcase and encrypted and encrypted messages, including electronic mail. However, the consular station can only install and use a radio station with the consent of the State of residence.
2. The official correspondence of the consular post is inviolable. The term "official correspondence" refers to all correspondence relating to the consular post and its functions.
3. Packages constituting the consular suitcase shall bear visible external marks indicating their character and may contain only official correspondence, as well as documents or objects intended exclusively for official use.
4. The consular suitcase must not be opened or detained. However, if the competent authorities of the State of residence have serious grounds to believe that the suitcase contains other objects than correspondence, documents and objects listed in paragraph 3 of this article, they may request that the suitcase be opened in their presence by an authorized representative of the sending State. If the authorities of the sending State object to this request, the suitcase is returned to its place of origin.
5. The consular mail must bear an official document certifying its quality and specifying the number of packages constituting the consular suitcase. Unless the State of residence consents to it, it may not be a national of the State of residence, nor, unless it is a national of the sending State, a permanent resident of the State of residence. In the performance of his duties, he is protected by the State of residence, enjoys the inviolability of his person and cannot be subjected to any form of arrest or detention.
6. The sending State, its diplomatic mission and consular posts may designate ad hoc consular letters. In this case, the provisions of paragraph 5 of this article shall apply, provided that the immunities referred to therein shall cease to apply as soon as the courier has handed over the consular suitcase to the consignee.
7. The consular suitcase may be entrusted to the master of a ship or to the commander of an aircraft of the sending State that must arrive at a port or airport that is authorized to enter. This commander must be carrying an official document indicating the number of parcels constituting the suitcase, but it is not considered a consular mail. Following an arrangement with the competent local authorities, the consular post may send one of its members to take, directly and freely, possession of the suitcase in the hands of the ship's captain or the aircraft's commander, as well as to hand over such a suitcase.
Personal inviolability
Article 17
1. Consular officials may only be arrested or detained as a result of "a decision of the competent judicial authority in the event of serious offences.
2. Except for the cases referred to in paragraph 1er of this article, consular officials may not be incarcerated or subjected to any other form of limitation of their personal liberty, except in accordance with a final judicial decision.
3. When a criminal procedure is initiated against a consular officer, the consular officer is required to appear before the competent authorities. However, the procedure must be conducted with respect to matters that are due to the consular officer as a result of his official position, and with the exception of the cases provided for in paragraph 1er in this section, in such a way that consular functions may not be hindered. Where in the circumstances referred to in paragraph 1er in this article, it has become necessary to put a consular officer in pre-trial detention, the judicial proceedings against him must be opened in the shortest time.
4. In the event that a member of the consular post, outside the exercise of his official duties, commits an act on the territory of the State of residence punishable under the law of the State of residence, the sending State shall be informed by diplomatic means within a maximum of 72 hours.
5. For the purposes of this Convention, a premeditated or imprudent act is defined as a serious offence for which the law of a State of residence provides for a minimum sentence of five years imprisonment.
Immunity of jurisdiction
Article 18
1. Consular officials and consular employees are not justiciable from the judicial and administrative authorities of the State of residence for acts performed in the exercise of consular functions.
2. Paragraph 1er does not apply in case of civil action
(a) arising from contracts entered into by an employee or consular employee in respect of which they will not be required, directly or indirectly, as a consular officer; or
(b) brought by a third party for damage resulting from an accident in the State of residence caused by a motor vehicle, vessel or aircraft.
Obligation to respond as a witness
Article 19
1. Members of the consular post may be required to respond as witnesses during judicial or administrative proceedings. A consular employee or service staff member shall not, except in the cases referred to in paragraph 3 of this article, refuse to testify. However, no coercive action or other sanction may be taken against a consular officer who has refused to testify.
2. The authority of the State of Residence that requests the testimony of a consular official must avoid obstructing the exercise of his or her duties by that person. Where possible, she may collect her oral statements at her residence or consular post or receive her written statement.
3. Members of the consular post may refuse to file facts relating to the performance of their duties, to produce correspondence or official documents relating to their duties. They are also not required to make statements clarifying the legislation of the sending State.
Waiver of privileges and immunities
Rule 20
1. The sending State may waive in respect of a member of the consular post the privileges and immunities provided for in Articles 17, 18 and 19 of this Convention.
2. Except as provided in paragraph 3 of this article, the waiver must always be express and communicated in writing to the State of residence.
3. If a consular officer or consular employee, in a matter in which he or she would be granted immunity from jurisdiction under Article 18 of this Convention, initiates proceedings, it is not admissible to invoke immunity from jurisdiction in respect of any counterclaim directly related to the main application.
4. The waiver of jurisdictional immunity for civil or administrative action is not supposed to involve waiver of immunity as to enforcement of the judgment, for which a separate waiver is required.
Registration and residence permit exemptions
Article 21
1. Consular officials, consular employees and members of their families living in their homes are exempted from all obligations under the law of the State of residence with respect to the registration of foreigners and residence permits.
2. Paragraph 1er However, this article does not apply to any consular employee who is not a permanent employee of the sending State or who has a private activity of a profit character in the State of residence, or to any member of his family.
Exemption from work permit
Article 22
1. The members of the consular post, with respect to the tasks performed for the purpose of the sending State, are exempted from all obligations related to obtaining a work permit established by the law of the State of Residence in the matter of hiring foreigners.
2. Unless they are engaged in another lucrative activity in the State of residence, members of the private staff of civil servants and consular employees are exempt from the obligations referred to in paragraph 1er of this article.
Exemption from the social security system
Article 23
1. Subject to the provisions of paragraph 3 of this article, the social security legislation of the State of residence is not applicable to the members of the consular post and to the members of their families living in their homes with regard to their activity for the sending State.
2. Exemption pursuant to paragraph 1er this section also applies to private staff members who are on exclusive service to consular officers, provided that:
(a) that they are not nationals of the State of residence or have no permanent residence there, and
(b) that they are subject to the legal provisions of social security which are in force in the sending State or in a third State.
3. Members of the consular post who have at their service persons to whom the exemption provided for in paragraph 2 of this article does not apply must observe the obligations that the social security legislation of the State of residence imposes on the employer.
4. The exemption provided for in paragraphs 1er and 2 of this article does not exclude voluntary participation in the social security system of the State of residence, provided that such participation is admitted by that State.
Tax exemption
Article 24
1. Consular officials and consular employees, as well as family members living in their homes, are exempt from all taxes, duties and taxes, personal and real, national, regional and communal, except:
(a) indirect taxes that are normally incorporated in the price of goods or services;
(b) taxes and taxes on private property located in the territory of the State of Residence, subject to Article 14 of this Convention;
(c) the rights of succession and transfer received by the State of residence, subject to the provisions of Article 26(b) of this Convention;
(d) taxes and taxes on private income, including capital gains, which have their source in the State of residence, and capital taxes on investments made in commercial or financial enterprises located in the State of residence;
(e) taxes and taxes paid in respect of special services rendered;
(f) the registration, transplant, mortgage and stamp rights, subject to the exemptions provided for in Article 14 of this Convention.
2. Service staff are exempt from taxes, duties and taxes on salaries they receive as a result of their services at the consular station.
3. Members of the consular post who employ persons whose salaries or wages are not exempted from income tax in the State of residence must comply with the obligations that the legislation of that State imposes on employers in respect of income tax collection.
Exemption from customs duties and customs visits
Rule 25
1. In accordance with the legislation adopted by the State of Residence, the State of Residence authorizes the entry and grant the exemption of all customs duties, taxes and fees other than warehouse, transport and similar services charges, to:
(a) objects intended for the official use of the consular post;
(b) objects intended for the personal use of the consular officer and members of his family living in his home, including the effects intended for his institution. Consumer goods shall not exceed the quantities necessary for their direct use by the concerned.
2. Consular employees shall enjoy the privileges and immunities provided for in paragraph 1er of this article in respect of objects imported during their first installation.
3. The personal baggage of consular officials and members of their families living in their homes, when they accompany the said baggage, is exempt from the Customs visit. lIs may only be subject to the visit if there are serious reasons to assume that they contain objects other than those mentioned in paragraph 1 (b)er of this article or of objects whose import or export is prohibited by the law of the State of residence or subject to its quarantine laws and regulations. This visit may only take place in the presence of the consular officer or member of his or her family.
Succession of a consular post member or family member
Rule 26
In the event of the death of a member of the consular post or a member of his family living in his home, the State of residence shall be held:
(a) permit the export of the personal property of the deceased, with the exception of those acquired in the State of residence and subject to export prohibition at the time of death;
(b) not to take any national, regional and communal rights of succession or transfer on the movable property whose presence in the State of residence was due solely to the presence in that State of the deceased as a member of the consular post or a member of the family of a member of the consular post.
Exemption of personal benefits
Rule 27
The State of Residence shall exempt members of the consular post and members of their families living in their homes from any personal service and public service of any kind, as well as military charges such as requisitions, contributions and military accommodation.
Start and end of consular privileges and immunities
Rule 28
1. Any member of the consular post shall be entitled to the privileges and immunities provided for in this Convention upon entry into the territory of the State of residence to gain his or her post or, if he or she is already in that territory, upon his or her entry into office.
2. Members of the family of a member of the consular post living in his home, as well as members of his private staff, who are neither nationals of the State of residence nor permanent residents in the territory of the State of residence, shall enjoy the privileges and immunities provided for in this Convention from the last of the following dates: that from which the member of the consular post enjoys privileges and immunities in accordance with paragraph 1er of this article, or that of their entry into the territory of the State of residence, or that to which they have become members of the said family or private staff.
3. When the duties of a member of the consular post are terminated, his privileges and immunities, as well as those of a member of his or her family living in his or her home or a member of his or her private staff, normally cease on the first of the following dates: at the time the person in question leaves the territory of the State of residence, or at the expiry of a reasonable period of time granted to him or her for that purpose, but they remain armed. As for the persons referred to in paragraph 2 of this article, their privileges and immunities cease as soon as they themselves cease to belong to the home or to serve a member of the consular post, on the understanding that, if such persons intend to leave the territory of the State of residence within a reasonable time, their privileges and immunities remain until the time of their departure.
4. With respect to acts performed by a consular officer or consular employee in the performance of his or her duties, immunity from jurisdiction remains unrestricted.
5. In the event of the death of a member of the consular post, members of his family living in his home continue to enjoy the privileges and immunities they enjoy, until the first of the following dates: the one where they leave the territory of the State of Residence, or the expiry of a reasonable period granted to them for that purpose.
Compliance with the laws and regulations of the State of residence
Rule 29
1. Without prejudice to their privileges and immunities, all persons who enjoy these privileges and immunities have a duty to respect the laws and regulations of the State of residence. They also have a duty not to interfere in the internal affairs of this State.
2. Consular premises will not be used in a manner inconsistent with the exercise of consular functions.
3. The provisions of paragraph 2 of this article do not exclude the possibility of the offices of other agencies or agencies located in a part of the building where the premises of the consular post are located, provided that the premises assigned to these offices are separated from those used by the consular post. In this case, such offices are not considered to be part of the consular premises for the purposes of this Convention.
Third party damage insurance
Rule 30
Members of the consular post must comply with all obligations imposed by the law of the State of Residence with respect to civil liability insurance for the use of any vehicle, ship or aircraft.
Special provisions relating to private activity of a lucrative character
Rule 31
1. Career consular officials will not exercise in the State of residence any professional or commercial activity for their personal benefit.
2. The privileges and immunities provided for in this Convention shall not be accorded:
(a) consular employees and service personnel in respect of private profit activities in the State of residence;
(b) family members of a person referred to in paragraph (a) of this paragraph and members of their private staff;
(c) members of the family of a member of the consular post who themselves practise in the State of residence a private occupation of a profit character.
State of residence and permanent residents
Rule 32
1. If the State of residence does not grant additional facilities, privileges and immunities to consular officials who are nationals of the sending State but who are permanent residents in the territory of the State of residence, they only benefit from the immunities of jurisdiction and personal inviolability with regard to the official actions they perform during the exercise of their functions, as well as the privilege provided in paragraph 3 of Article 17. With regard to these officials, the State of residence must also comply with the conditions laid down in article 42 of the 1963 Vienna Convention on Consular Relations. If a trial is brought to such a consular official, the judicial proceedings, except in cases where the person is arrested or detained, must be conducted in such a way as to minimize the person's exercise of consular duties.
2. With the exception of consular officials, members of the consular post who are nationals of the State of residence or its permanent residents, and members of their families only benefit from facilities, privileges and immunities to the extent that they are granted to them by the State of residence. Members of the families of the consular post as well as members of the private staff who are nationals of the State of residence or its permanent residents also benefit from facilities, privileges and immunities only to the extent they are granted to them by the State of residence. However, the State of residence must exercise jurisdiction over such persons so as not to interfere in the exercise of the duties of the consular office in an unnecessary manner.
CHAPTER IV. - Consular functions
Exercise of consular functions
Rule 33
Consular functions are performed by consular posts. They may also be carried out by diplomatic missions in accordance with the provisions of this Convention.
Conduct of consular functions by diplomatic mission
Rule 34
1. The provisions of this Convention shall also apply, as the context permits, to the exercise of consular functions by the diplomatic mission of the sending State.
2. The names of the members of the diplomatic mission attached to the consular section or otherwise responsible for the exercise of the consular functions of the mission are notified to the Ministry of Foreign Affairs of the State of Residence or to the authority designated by that Ministry.
3. In the exercise of consular functions, the diplomatic mission may address:
(a) the local authorities of the consular district;
(b) the central authorities of the State of Residence, to the extent that the legislation of the State of Residence, as well as the international conventions binding the two Parties, permit.
4. The privileges and immunities of the members of the diplomatic mission referred to in paragraph 2 of this article remain determined by the norms of international law concerning diplomatic relations.
Conduct of consular functions within and outside the limits of the consular district, in a third State or on behalf of a third State
Rule 35
1. A consular official has the right to hold, in the territory of his consular district, the consular functions specified in this Convention.
2. A consular official may, with the consent of the State of residence, perform his duties outside his consular district.
3. The sending State may, after notification to the States concerned, and unless the State of residence expressly objects to it, charge a consular post established in the State of residence, to perform consular functions in a third State.
4. After proper notification to the State of residence and unless it opposes it, a consular post of the sending State may exercise consular functions in the State of residence on behalf of a third State.
Consular functions in general
Rule 36
Subject to the provisions of the other articles of this Convention, the consular functions shall be:
(a) protect in the State of residence the interests of the sending State, its nationals and its legal persons within the limits authorized by international law;
(b) to promote the development of trade, economic, cultural and scientific relations among Parties and to promote in any other way friendly relations among them within the framework of the provisions of this Convention;
(c) To inform, by all legal means, of the conditions and evolution of the commercial, economic, cultural and scientific life of the State of residence, to report thereon to the government of the sending State and to inform interested persons;
(d) issue, cancel, modify, withdraw or seize passports and other travel documents of nationals of the sending State and issue, extend or cancel appropriate visas and documents for persons wishing to visit the sending State;
(e) provide relief and assistance to nationals and legal persons of the sending State;
(f) act as notary, civil officer and perform similar functions, as well as certain administrative functions, provided that the law of the State of Residence does not oppose it;
(g) safeguard the interests of nationals and legal persons of the sending State in the estates in the territory of the State of residence, in accordance with the law of the State of residence;
(h) To safeguard, within the limits established by the law of the State of Residence and the International Conventions linking the two Parties, the interests of minors and other persons who are incapable of being nationals of the sending State, especially when the institution of guardianship or guardianship is required in respect of them;
(i) subject to the practices and procedures in force in the State of residence, represent or make arrangements to ensure the appropriate representation of nationals of the sending State before the courts or other authorities of the State of residence to request, in accordance with the law of the State of residence, the adoption of interim measures with a view to preserving the rights and interests of such nationals when, due to their absence or for any other cause, such nationals may not defend their rights and
(j) transmit judicial and extrajudicial acts, execute rogatory commissions of the competent authorities of the sending State on legal assistance in accordance with the International Conventions or, in the absence of such Conventions, in any other way compatible with the law of the State of residence;
(k) exercise the control and inspection rights provided by the legislation of the sending State on the ships and aircraft of the sending State, as well as their crews;
(l) to assist the vessels and aircraft referred to in paragraph (k) of this article and their crews, to receive the declarations on the voyage of these vessels (aircrafts), to examine and aim on the shipboard papers and, without prejudice to the powers of the authorities of the State of residence, to investigate the accidents that occurred during the crossing and to settle, as long as the legislation of the sending State authorizes any other member disputes
(m) perform any other functions entrusted to the consular post by the sending State, which does not prohibit the law of the State of residence or to which the State of residence does not oppose, as well as the functions referred to in the International Conventions binding the two Parties.
Consular access
Rule 37
1. Consular officials must have the freedom to communicate with nationals of the sending State and to visit them. Nationals of the sending State must have the same freedom to communicate with consular officials of the sending State and to visit them.
2. Consular officials may apply to the competent authorities of the State of Residence for assistance in the research of missing nationals of the sending State.
Duties in cases of arrest and judicial proceedings
Rule 38
1. If a national of the sending State is arrested in the territory of the consular district, the competent authorities of the State of residence must notify the consular post of the sending State within 72 hours. The arrested person has the right to require that the data concerning his or her identity be not communicated to the consular office concerned.
2. Any communication addressed to the consular post by a national of the arrested sending State must be transmitted without delay by the competent authorities of the State of residence to the consular post in question.
3. A consular official has the right to visit a national of the sending State who is arrested to speak with him, and to give him, subject to the authorization of the competent authorities of the State of residence, the correspondence and the parcels of which he is consigned, to give him the necessary assistance and take measures to ensure his representation in court.
4. Consular officials must refrain from taking measures on behalf of the national of the arrested sending State, when the national objects in writing. In the event of doubts about the authenticity of the written statement of the arrested national, the authorities of the State of residence must grant the consular official the possibility of a personal interview with the arrested national.
5. The competent authorities of the State of residence shall inform nationals of the sending State in custody or pending trial or other judicial proceedings, the provisions of this article and the modalities of its application, in accordance with the annex, as an integral part of this Convention.
6. The reference to an arrested person, made in this article, also includes any person in custody, arrested or subjected to any other form of limitation of personal liberty, including a person pending trial or serving a sentence on the territory of the State of residence.
7. The rights referred to in this article shall be exercised in accordance with the law of the State of Residence, on the understanding that such legislation shall permit the full realization of the purposes for which these rights are granted.
Exercise of notary functions
Rule 39
1. The consular official has the right, if it complies with the legislation of the sending State and does not contravene the law of the State of residence, to perform the following acts:
(a) to receive, draft and authenticate statements from nationals of the sending State;
(b) establish, authenticate and receive in deposit the wills of nationals of the sending State;
(c) establish or authenticate contracts between nationals of the sending State and authenticate unilateral acts;
(d) establish or authenticate contracts between nationals of the sending State and nationals of the State of residence if these contracts relate only to interests located in the territory of the sending State or must be executed in the territory of that State;
(e) certify copies, translations and extracts of these documents;
(f) certify the signatures of nationals of the sending State;
(g) receive in deposit of the goods and documents of nationals of the sending State or on behalf of such nationals;
(h) perform other notarial acts relating to the duties of the consular officer.
Functions related to succession
Rule 40
1. The competent authorities of the State of Residence shall promptly inform the consular official of the death in the territory of his consular district of a person known to these authorities as a national of the sending State, and shall communicate to the consular official information on the existence of estates, a will or on the existence of a person, who is located or is represented in the territory of the State of residence, who would have been named such property.
2. The competent authorities of the State of residence shall inform the consular official as soon as possible about estates located in the territory of the State of residence in case the heir or the rightful is the sending State, a legal person of the sending State or a person known by these competent authorities as a national of the sending State.
3. If the consular official is aware of the first death of a national of the sending State in the territory of the State of residence or of the existence of estates of a deceased, a national of the sending State, in the territory of the State of residence, he shall inform the competent authorities of the State of residence.
4. With regard to matters relating to estates referred to in paragraphs 1er, 2 and 3 of this article and to the extent that it is accepted by the law of the State of residence, the consular official has the right to:
(a) Request the State of residence to take measures or take steps to ensure the protection, integrity and administration of these estates;
(b) be present, or participate in any other manner in any action referred to in paragraph (a) of this paragraph;
(c) ensure the representation of a national of the sending State who has a legitimate interest in these assets, but who is not in the territory of the State of residence and has no representative in that State.
5. Where measures are taken to ensure the representation provided for in paragraph 4 (c) of this section, such representation shall be exercised only until the time when the persons represented designate their own representative or take charge of the defence of their rights and interests.
6. When a national of the sending State having no permanent residence in the State of residence dies during his stay in the territory of that State, the consular official, in accordance with the laws of the sending State, may enter provisionally in possession and dispose of the documents, money and other personal effects of the deceased, provided that there is not, in the territory of the said residence, Provisional possession rights are transferred, in accordance with the law of the State of Residence, to a director or other duly authorized agent.
7. The sending State and the state of residence promote the transfer of succession by:
(a) the issuance of an authorization to import and export objects that are part of the estates in cases where the importation and export of such objects are not expressly prohibited by the law of the States that must authorize the importation and export;
(b) the issuance of an authorization to sell any portion of the estate property that cannot be exported or imported in accordance with the provisions of paragraph (a) of this paragraph;
(c) the issuance of an authorization for the transfer of the net profit of such a sale deducted from fees, taxes and taxes, to the heir or to the owner, in his State of residence, in any currency freely convertible whatsoever.
8. The consular official may, on behalf of a national of the sending State, when the said national is not in the territory of the State of residence, receive competent authorities of the State of residence or private persons, money or other property, to which the citizen is entitled following the death of a person, including property estates, payments made in accordance with the law of compensation
Nationality functions
Rule 41
1. Consular officials exercise their functions in matters of nationality in accordance with the legislation of the sending State, provided that this is not contrary to the law of the State of residence.
2. The consular officer has the right to:
(a) register nationals of the sending State;
(b) to receive, issue or hand over documents relating to the nationality of the sending State in accordance with the legislation of the sending State;
(c) receive any declaration in respect of nationality under the legislation of the sending State.
Civil status functions
Rule 42
1. The consular official has the right, in accordance with the legislation of the sending State and provided that it does not contravene the legislation of the State of residence, to register the civil status acts concerning the nationals of the sending State:
(a) death and birth;
(b) recognition and adoption;
(c) name change;
(d) the conclusion and dissolution of marriage provided that both persons are nationals of the sending State;
2. The consular official has the right to be communicated by the competent authorities of the State of Residence, in his own name or on behalf of nationals of the sending State concerned, information, copies or extracts of documents relating to the civil status of nationals of the sending State.
3. The provisions of paragraph 1er of this article shall not exempt the persons concerned from the obligations arising from the law of the State of residence.
Trusteeship and curatorship functions
Rule 43
1. In accordance with the law of the sending State and within the limits authorized by the law of the State of residence, the consular official may address the competent authorities of the State of residence in order to defend the interests of its nationals in all matters relating to guardianship and guardianship, in order to ensure the management of their property in the event of the absence of such nationals, as well as to propose to the competent authorities of the State of residence.
2. The consular official has the right to request to the competent authorities of the State of residence, information on the designated guardians and curators, and a periodic report on the exercise of guardianship and curatorship in respect of nationals of the sending State.
3. The competent authorities of the State of residence inform without delay the consular official of the need to appoint a guardian or curator for a national of the sending State.
Assistance to ships
Rule 44
1. The consular official has the right to lend any assistance and assistance to a ship of the sending State in the ports or other anchorages in the State of residence or in the internal waters and territorial sea of the State of residence.
2. The consular officer has the right to visit the master and other crew members and to communicate with them, on board a ship or in any other place in accordance with the law of the State of Residence.
3. The consular official may apply to the competent authorities of the State of Residence and request their assistance in all matters relating to the performance of his duties with respect to the ship of the sending State, as well as to the captain, other members of the crew and cargo.
Assistance to the master and crew
Rule 45
1. To the extent that the following actions do not contravene the law of the State of residence, the consular official has the right to:
(a) conduct investigations into any incidents that take place on board a ship of the sending State, interrogate the master and any other member of the crew following these incidents, verify the documents on board, receive the declarations concerning the navigation and the places of destination of the vessel, and assist in the entry, exit of the vessel and its stay in the port;
(b) contribute within its competence to resolve disputes between the vessel's owner, the master and other crew members, including disputes relating to working conditions and the contract of engagement;
(c) perform formalities relating to the engagement and termination of the master or other crew members;
(d) assist in obtaining the necessary medical assistance to the master, other crew members and passengers of the vessel, as well as take measures to facilitate their repatriation to the sending State;
(e) in accordance with the legislation of the sending State, receive, register, prepare, certify or extend any declaration or other document relating to a ship of the sending State or its cargo;
(f) in accordance with the legislation of the sending State, issue interim certificates authorizing navigation under the flag of the sending State in the event of the acquisition of a ship abroad;
(g) take other measures to enforce the legislation of the sending State relating to commercial navigation.
2. The consular official has the right, in accordance with the law of the State of residence, to accompany the master or any other member of the crew to the competent authorities of the State of residence to assist them.
Protection of interests in the event of an investigation on board a ship
Rule 46
1. The criminal jurisdiction of the State of residence does not apply on board a ship of the sending State through its territorial sea for the arrest of a person or the execution of an instruction on the basis of a criminal offence committed on board that ship during the passage, with the exception of the following cases:
(a) if the consequences of the criminal offence extend to the State of residence;
(b) if the criminal offence is such that it affects the public order of the State of residence or the order in the territorial sea;
(c) if the master, diplomatic officer or consular official of the sending State shall apply to the local authorities for assistance; or
(d) if these measures are necessary to combat trafficking in human beings, illicit trafficking in arms, narcotic drugs, psychotropic substances, terrorism, as well as to implement the international obligations of the Parties with regard to arrest warrants.
2. The above provisions do not affect the right of the State of residence to take all measures authorized by its legislation with a view to making arrests or instruction on board a ship of the sending State that passes into the territorial sea from the inland waters.
3. In the event that the competent authorities of the State of residence intend to take measures of constraint or to conduct acts of instruction on board a ship of the sending State, which is in the internal waters or territorial sea of the State of residence, the competent authorities of the State of residence shall notify the consular official beforehand, so that he may attend. If the consular official or his representative does not attend, the competent authorities of the State of Residence shall, upon request, provide him with any information on what has taken place. If the urgency of the measures to be taken does not allow the consular official to be informed in advance, the competent authorities of the State of Residence shall inform the consular official of these facts and of the measures taken, in writing, even in the absence of a request in that sense by the consular official.
4. The provisions of paragraph 3 of this article shall also apply in the event that the competent authorities of the State of Residence summon the master or any other member of the crew of the ship of the sending State to come to shore to be heard on any matter relating to the ship.
5. The competent authorities of the State of residence, unless this is done at the request or with the authorization of the consular official or the master of the ship of the sending State, do not intervene in the internal affairs on board the ship of the sending State concerning the relations between the members of the crew, the working relations, the discipline on board and the other internal affairs of the ship, provided that this does not contravene the laws and regulations
6. However, the provisions of this Article shall not apply to routine measures in respect of customs, health, immigration and passports, or to other measures taken by the competent authorities of the State of residence at the request or with the consent of the master of the vessel. This Article does not affect the rights and commitments of Parties under the International Conventions that are in force between them.
Assistance in the event of aeroplane to a ship
Rule 47
1. If a ship of the sending State sinks, fails, is rejected on the shore or suffers any other damage in the State of residence, the competent authorities of that State shall inform the consular station as soon as possible and notify it of the measures taken to rescue passengers, crew, ship and cargo.
2. The consular official may provide any assistance and assistance to a ship of the sending State, to the crew members and passengers on board or request the State of residence to provide such assistance and assistance.
3. If the owner of a ship of the sending State, the master or other agent is not in a position to make the necessary arrangements for the safeguarding, rescue of the ship or its cargo, or to make other provisions for them, the consular official of the sending State shall, on behalf of the owner, take the provisions that the owner of the ship or its cargo may have taken in such a case, or shall request the State of residence of
4. The provisions of paragraphs 1er, 2 and 3 of this article are also applicable to objects belonging to a national of the sending State or a third State, which were found on the shore or in the internal waters of the State of residence or were brought into a port of the State of residence.
5. The competent authorities of the State of Residence shall provide the necessary assistance and assistance to the consular officer in the adoption of measures to rescue a ship from the sending State.
6. No tariff, tax or customs tax arising out of the legislation of the State of residence is collected by the State of residence on a ship of the sending State who is a victim of a damage, or on its cargo or goods on board, as long as they are not used or put on sale.
Aircraft functions
Rule 48
1. The consular official has the right to provide any assistance and assistance to an aircraft of the sending State located in the territory of the State of residence, its crew, its passengers, to travel freely to that effect to the crew and passengers and to communicate freely with them, on board the aircraft or in any other place.
2. The consular official has the right to apply to the competent authorities of the State of Residence in order to obtain their assistance in all matters relating to the exercise of his or her duties with respect to an aircraft of the sending State, as well as members of the crew, passengers and cargo.
3. The consular officer has the right to participate in the investigation of all incidents that take place on board an aircraft of the sending State, to interrogate any member of the crew following these incidents, to examine the aircraft documents, to receive statements regarding the flight of the aircraft, and to assist him in the entry, exit of the aircraft and his stay in the airport.
4. The competent authorities of the State of Residence shall inform the consular official of the adoption on board an aircraft of the sending State of all measures beyond the ordinary operations to provide service to the aircraft, passengers, baggage, cargo and mail to the aerodromes and airports.
5. When the competent authorities of the State of residence receive signals of distress, emergency or danger of an aircraft of the sending State, or a notice of accident or air incident, the competent authorities of the State of residence shall promptly inform the diplomatic mission or consular post nearest to the sending State.
6. The consular official has the right to participate in the investigations of air accidents or incidents involving an aircraft of the sending State in the territory of the State of residence.
Election and referendum functions
Rule 49
1. The consular official may establish polling stations in consular posts or the consular service of the diplomatic mission for the participation of nationals of the sending State in elections and referendums held in the sending State.
2. In the event that a polling station for nationals of the sending State is established in the consular premises for the organization of referendums or elections relating to public bodies of the sending State, the consular official shall officially inform the authorities of the consular district.
Additional polling stations outside the consular premises may only be established with the consent of the competent authorities of the State of residence and in accordance with the law of the State of residence.
Relations with the authorities of the State of residence
Rule 50
In the performance of their duties, consular officials may:
(a) the competent local authorities of their consular district;
(b) to the competent central authorities of the State of residence to the extent that this is accepted by the law of the State of residence or by the International Conventions on this matter.
Consular rights
Rule 51
1. The consular post may collect on the territory of the State of residence the consular rights provided for in the legislation of the sending State for consular acts.
2. Consular rights provided for in paragraph 1er of this article shall be free from all taxes, duties and taxes in the State of residence.
3. The State of residence authorizes the consular post to pay the sums collected in this way on its bank account and to transfer them into currencies freely convertible.
Termination of duties of a consular staff member
Rule 52
The functions of a consular staff member end, inter alia:
(a) by notification to the State of residence, by the sending State, that its functions have ended;
(b) the withdrawal of the exquatur;
(c) by notification of the State of residence to the sending State that the State of residence has ceased to consider it as a member of the consular staff.
Departure of the territory of the State of residence
Rule 53
The State of residence grants, even in the case of armed conflict, members of the consular post and members of the private staff who are not nationals of the State of residence or foreign citizens permanently residing in its territory, as well as members of their families living in their homes, regardless of their nationality, the time and facilities necessary to prepare their departure and leave their territory as soon as possible after the termination of their duties. In particular, if necessary is, at their disposal the means of transport necessary for them and for their goods, acquired in the State of residence, whose export is not prohibited.
Protection of consular premises and archives and the interests of the sending State in exceptional circumstances
Rule 54
1. If consular relations between the Parties are broken:
(a) the State of residence is obliged, even in the event of armed conflict, to respect and protect consular premises, as well as property of the consular post and consular archives;
(b) the sending State may entrust the custody of the consular premises, as well as of the goods and consular records, to a third State acceptable to the State of residence;
(c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the State of residence.
2. In the event of a temporary or final closure of a consular post, the provisions of paragraph 1 (a)er of this article shall apply. In addition:
(a) in the event that the sending State has no diplomatic mission in the State of residence, but has another consular post in the territory of that State, that consular post may be in charge of the custody of the premises of the consular post that has been closed, as well as of the consular goods and archives that it contains, and, subject to the agreement of the State of residence, assume the consular functions in the exchange of that post;
(b) where the sending State has no diplomatic mission or other consular post in the State of residence, the provisions of paragraphs 1 (b) and (c)er of this article shall apply.
CHAPTER V. - REGIOUS APPLICABLE FOR HONORARY CONSULAR FUNCTIONING AND CONSULAR POSTS DIRECT BY SECOND
Consular officials fees
Rule 55
1. Each Party may, subject to the agreement of the other Party, designate an honorary consular official for the performance of consular duties.
2. Private commercial activities and any other activity of the honorary consular official must be carried out separately from the consular functions. The consular archives of the post headed by an honorary consular officer are kept separately from documents outside the consular office.
General provisions concerning benefits, privileges and immunities
Rule 56
1. Sections 9, 11, 15, 16, paragraphs 2 and 3 of Article 29, together with Articles 50 and 51 of this Convention, apply to consular posts headed by honorary consular officials.
2. Article 18, paragraph 3 of Article 19, Articles 20, 28 and paragraph 1er of Article 29 of this Convention shall apply to honorary consular officials.
3. The privileges and immunities provided for in this Convention shall not be granted to the family members of an honorary consular officer or consular employee who is employed in a consular post headed by an honorary consular official.
4. The exchange of consular suitcases between two consular posts located in different countries and headed by honorary consular officials is only allowed subject to the consent of the two states of residence.
Protection of consular premises
Rule 57
The State of residence shall take the necessary measures to protect the consular premises of a consular post headed by an honorary consular official to prevent them from being invaded or damaged and to ensure that the peace of the consular post is not disturbed or its diminished dignity.
Tax exemption from consular premises
Rule 58
1. The consular premises of a consular post headed by an honorary consular official, whose sending State is the owner or the tenant, are exempt from all taxes, duties and taxes of any kind, national, regional or communal, provided that these are not taxes collected in remuneration of particular services rendered.
2. Tax exemption under paragraph 1er of this article shall not apply to these duties, taxes and taxes when, according to the law of the State of residence, they are at the expense of the person who has contracted with the State of sending.
Inviolability of consular archives
Rule 59
The consular records of a consular post headed by an honorary consular official are inviolable at any time and anywhere, provided that they are kept separately from other documents and documents, including the private correspondence of the head of the consular post and any person working with him, as well as the material, books and documents relating to their professional or other activity.
Customs exemption
Rule 60
In accordance with its legislation, the State of residence grants the entry, as well as the exemption of all customs duties, taxes and other related fees, other than those intended to cover the costs of warehouse, transport and fees for similar services, for the following objects, provided that they are intended for the official use of a consular post headed by an honorary consular official: the seals,
Criminal procedure
Rule 61
When a criminal procedure is initiated against an honorary consular official, the official is required to appear before the competent authorities. However, the proceedings must be conducted with respect to matters that are due to the Honorary Consular Officer as a result of his or her official position, and, except in the case where the person concerned is in a state of arrest or detention, in such a way as to hinder the exercise of consular duties as possible. When it became necessary to put an honorary consular official in pre-trial detention, the procedure against him must be opened in the shortest time.
Protection of consular officials fees
Rule 62
The State of residence is required to grant the honorary consular official the protection that may be necessary because of its official position.
Exemption of registration of aliens and residence permits
Rule 63
Honorary consular officials, with the exception of those who exercise in the State of residence a professional or commercial activity of a profit character, are exempt from all obligations under the law of the State of Residence in respect of the registration of foreigners and residence permits.
Tax exemption
Rule 64
The Honorary Consular Officer is exempt from all taxes and taxes on any allowances and emoluments that he or she may receive from the sending State due to the exercise of consular duties.
Exemption of personal benefits
Rule 65
The State of residence exempts consular officials fees from any personal benefit and public service of any kind, as well as military charges such as requisitions, contributions and military accommodation.
CHAPTER VI. - Final provisions
Entry into force and validity period
Rule 66
1. This Convention shall be ratified and come into force 30 days after the date of the exchange of instruments of ratification.
2. At the time of the entry into force of this Convention, the Consular Convention between the Kingdom of Belgium and the Union of Soviet Socialist Republics signed in Brussels on 12 July 1972 ceases its effects in the relations between the Kingdom of Belgium and the Russian Federation.
3. The provisions of the Vienna Convention on Consular Relations of 24 April 1963 will be applied to problems not addressed in this Convention.
4. This Convention shall be of unlimited duration and shall remain in force until the expiry of the 60-day period from the date on which one of the Parties shall inform the other Party, through diplomatic means, by written notification of its intention to terminate this Convention.
In faith, the Plenipotentiary Representatives have signed this Convention.
Done in Moscow on 22 December 2004, in double copy, each in French, Dutch, German and Russian, all texts being authentic.

Annexes
Information note on the rights of nationals of the Kingdom of Belgium/Russian Federation, arrested in the territory of the Russian Federation/ Kingdom of Belgium
Pursuant to Article 38 of the Consular Convention between the Kingdom of Belgium and the Russian Federation:
a. The consular official (hereafter: consul) of the Kingdom of Belgium/Russian Federation is informed of your arrest, imprisonment, warning or detention in any form (hereafter: arrest), as soon as possible, and no later than 72 hours, even if you do not request it;
b. You have the right to communicate, including by telephone or in writing, with the consul of the Kingdom of Belgium/Russian Federation; all communications that you will send to the consul of the Kingdom of Belgium/Russian Federation will have to be delivered by the authorities of your place of detention without delay;
c. The consul of the Kingdom of Belgium/Russian Federation has the right to:
- to immediately contact you by telephone or in writing;
- to visit you, to receive from you any communication or parcel;
- take the necessary steps to your legal representation.
The consul of the Kingdom of Belgium/Russian Federation shall refrain from implementing the rights referred to in paragraph (c) of this Information Notice if you object in writing.
The rights set out in paragraphs (a), (b) and (c) of this Information Notice shall be exercised in accordance with the laws and regulations in force in the Russian Federation/the Kingdom of Belgium.
I, undersigned (e), (name and first name, first name and patronym of the arrested person), a national of the Kingdom of Belgium/Russian Federation, declares that I have read and understood the above.
Done to...
(Signature of arrested person)

DECLARATION
I, undersigned (name and first name/name, first name and patronyme) from the Kingdom of Belgium/Russian Federation hereby declare that I oppose the implementation in my name, by the Consul, of the measures referred to in point c. of this information notice.
I, undersigned (e) (name and first name, first name and patronym of the arrested person), a national of the Kingdom of Belgium/Russian Federation, declares that I have read and understood the above.
(Signature of arrested person)
(date)