32/1969 Coll.
DECREE
Minister of Foreign Affairs
of 12 October. February 1969
of the Vienna Convention on consular relations
24 September. April 1963 was negotiated in Vienna and the Vienna Convention on
consular relations.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in
New York, 31 March 2004. March 1964.
President of the Republic has ratified the Convention and the ratification instrument was
deposited with the Secretary-General of the United Nations, depositary of the
The Convention, 13 June 2005. March 1968.
Convention entered into force, pursuant to article 77 paragraph 1. 1 day 19.
March 1967. For the Czechoslovak Socialist Republic entered into
force pursuant to article 77 paragraph 1. 2 day 12. April 1968.
Czech translation of the Convention shall be published at the same time.
Minister:
Ing. Marko v.r.
The Vienna Convention
on consular relations
States that are parties to this Convention,
Recalling that, since ancient times are established consular relations
among the Nations,
Bearing in mind the objectives and principles of the Charter of the United Nations
concerning the sovereign equality of States, the maintenance of international peace and
Security and support for rapprochement between peoples,
Noting that the United Nations Conference on the
diplomatic relations and immunities adopted by the Vienna Convention on
diplomatic relations, opened for signature on 18 July 2005. April 1961
believing that an International Convention on consular relations, the privileges and
immunities will also contribute to the development of friendly relations between the peoples of the non-
regardless of the diversity of their constitutional and social establishment,
Mindful that the purpose of such privileges and immunities is not getting
of the individual, but to ensure the efficient performance of the functions of consular offices
on behalf of their States,
Affirming that the rules of customary international law will continue to be
pay in matters not expressly governed by the provisions of this
Of the Convention,
have agreed as follows:
Article 1
The definition of the
1. for the purposes of this Convention the following expressions have the following meanings:
a) "consular post" is a Consulate General, Consulate, vicekonzulát or
Consular Agency;
(b)) "consular circuit" is the territory of the specified consular post for the performance
consular functions;
(c)) "head of consular post" means the person in charge of the sending State,
to carry out obligations associated with this feature;
(d)) "consular officer" is any person, including the head of the consular
the Office, which was responsible for this function in the exercise of consular functions;
e) "consular employee" is any person employed in the
administrative or technical services of the consular office;
f) "member of the staff of the personnel" is any person employed in the domestic
consular services;
g) "members of the consular post" are consular officers, consular
employees and members of the staff of the personnel;
h) "members of the consular staff" are consular officers in addition to the
the head of the consular post, consular employees and members
service personnel;
I) "member of the private staff" is a person employed exclusively in the private
the service of a member of the consular post;
j) "consular rooms" are the buildings or parts of buildings and lands to them
belonging, used exclusively for the purposes of the consular post, without
regardless of who owns them;
k) "consular archives" includes all documents, documents,
correspondence, books, movies, recording tapes and registers of the consular
the Office, together with the ciphers and codes, filing cabinets, and any parts of the device
intended for their protection and save.
2. Consular officers are the dual category, and that consular officials from the
profession and honorary consular officers. The provisions of title II of this
The Convention shall apply to consular posts headed by consular officials from
profession, the provisions of title III shall apply to consular posts headed by
honorárními consular officials.
3. the special status of members of the consular post who are citizens of the
of the receiving State or permanently resides, is governed by article 71 of this
Of the Convention.
TITLE I OF THE
Consular relations generally
Part I
The establishment and implementation of consular relations
Article 2
Establish consular relations
1. To establish consular relations between States is carried out by mutual
by the agreement.
2. agreement to establish diplomatic relations between the two countries includes,
unless otherwise stated, i consent to establish consular relations.
3. Interruption of diplomatic relations does not include in itself the interrupt
consular relations.
Article 3
The performance of consular functions
The consular function exercised by the consular offices. It is also carrying out
diplomatic missions in accordance with the provisions of this Convention.
Article 4
The establishment of consular post
1. Consular Office may be established in the territory of the receiving State only with the
his consent.
2. the registered office of the consular post, its classification and consular circuit are
determined by the sending State and the receiving State are subject to approval.
3. additional changes to the seat of the consular post, its classification or
consular circuit can carry out only with the agreement of the sending State
of the receiving State.
4. The consent of the receiving State is also needed in the event that the
General Consulate or Consulate wants to set up a vicekonzulát or
consular agency in a place other than where it is itself set up.
5. the prior explicit consent of the receiving State is also needed
to establish offices forming part of the consular office, but located outside the
the seat of this authority.
Article 5
Consular functions
The consular function depends
and the protected interests) of the sending State and of its nationals, and
both natural and legal persons, in the receiving State in
extent permitted by international law;
(b)) to support the development of commercial, economic, cultural and scientific
relations between the sending State and the receiving State, and in other developing
rapprochement between them in conformity with the provisions of this Convention;
(c)) in the survey on the situation and development of commercial, economic, cultural and
the scientific life of the receiving State all lawful means and in
reporting about the Government of the sending State and information
the interested persons;
(d)) on the issue of passports and travel documents to Government
nationals of the sending State or of the relevant documents and visas to persons
who wish to travel to the sending State;
(e)) in the provision of assistance and support to nationals of the sending
State, both physical and legal persons;
(f)) in the implementation of the functions of a notary, civil registrar and similar functions, and
in the performance of some of the functions of an administrative nature, provided that this
It is not contrary to the laws and regulations of the receiving State;
g) in safeguarding the interests of nationals of the sending State, both physical and
legal persons in matters of inheritance in the territory of the receiving State, and
in conformity with the laws and regulations of the receiving State;
h) in safeguarding the interests of minors and other persons not carrying the full
capacity who are nationals of the sending State,
the scope of the laws and regulations of the receiving State, in particular in the
cases, where it is due to these persons requesting guardianship or
guardianship;
I) in representation of nationals of the sending State or, in the
ensuring a suitable representation before courts and other authorities
of the receiving State, while maintaining the practice and procedural regulations
in the receiving State in order to reach a provisional measures to
protection of the rights and interests of such nationals in accordance with the laws and
regulations of the receiving State in cases where, due to the absence of
or for other reasons, the nationals are not in a position to take the
in time defending their rights and interests;
(j)) in the service of judicial and extrajudicial documents or in the handling of
request or credentials to evidence for the courts of the sending State
in conformity with applicable international agreements or, if such
international agreements do not exist, in any other way that is in accordance with the
the laws and regulations of the receiving State;
in the exercise of the right to) supervision and inspections provided for by laws and regulations
of the sending State in respect of vessels having the nationality of the sending
the State of aircraft registered in that State and their crew;
l) in providing assistance to ships and aircraft referred to in subparagraph k)
This article and their crews, to receive reports of cruises
the ship, controlling and vidování the ship's documents, and without
without prejudice to the competence of the authorities of the receiving State in the investigation of all
accidents that occurred during the voyage, and in resolving disputes of all kinds between
the captain, officers and sailors, if permitted laws and
the legislation of the sending State;
m) in the implementation of the other functions conferred on the consular post of the sending State
the State, which are not prohibited by the laws and regulations of the receiving State
or against whom a receiving State raises no objection or that are
listed in international agreements in force between the sending State and
the beneficiary State.
Article 6
The performance of consular functions outside the consular circuit
Consular officer may, in special cases, to carry out, with the consent
of the receiving State its functions outside the consular district.
Article 7
The performance of consular functions in a third State
The sending State may, after having informed the States concerned, to instruct
consular post in a given State, the exercise of consular functions in another
State, if any of the States concerned against it is expressly raised
objections.
Article 8
The performance of consular functions in a third State
Consular post of the sending State may, after having informed the
of the receiving State to exercise, if the receiving State raises no objection,
consular functions in the receiving State, third State.
Article 9
Heads of consular posts class
1. The head of the consular offices are divided into four classes, namely:
and consuls-general;)
(b)) consular officers;
(c)) vicekonzulové;
d) consular agents.
2. paragraph 1 of this article shall not limit in any way the competence of
any contracting party to provide for the rank of consular officials in addition to
the rank of the heads of consular posts.
Article 10
Appointment and acceptance of the heads of consular posts
1. The head of the consular offices are appointed by the sending State and
recruited to discharge its functions, the receiving State.
2. the provisions of this Convention, while maintaining the formalities of appointment and
the adoption of the heads of consular posts governed by the laws, regulations and practices
the sending or the receiving State.
Article 11
Konzulský patent or the notification of the appointment
1. The sending State shall head of consular post to annotate document
in the form of a patent or similar document made out to each
appointment especially that certifies its function and in which it is stated
as a rule, his full name, category and class, consular circuit and the seat of the
the consular office.
2. The sending State shall send to the patent document or a similar diplomatic
or other appropriate way to the Government of the State in whose territory the head
consular office to carry out their functions.
3. The sending State may, with the consent of the receiving State to send
the beneficiary State instead of a patent or similar document notification
containing the information required in paragraph 1 of this article.
Article 12
Exekvatur
1. the head of the consular office are able to perform their functions on the
the basis of the consent of the recipient State, called the exekvatur, whether
form of consent.
2. A State which refuses to provide a exekvatur, it is not obliged to inform the
sending State the reasons for its refusal.
3. With the exception of the provisions of articles 13 and 15, the head of consular post
takes up its functions, if it does not receive exekvatur.
Article 13
The provisional acceptance of the head of consular post
The delivery of the exekvatur head of the consular post may be admitted to
performance of their duties on a provisional basis. In that case, they will use
the provisions of this Convention.
Article 14
Notify the authorities of the consular circuit
As soon as the head of the consular office if only provisionally adopted by the
the performance of its functions, the receiving State shall notify immediately the competent
the authorities of the consular district. Also ensure that the implementation of the necessary measures,
to the head of the consular office to exercise the obligations arising from the
its authority and to enjoy the benefits arising from the provisions of this Convention.
Article 15
Temporary exercise of functions of the head of consular post
1. In the case that the head of the consular post it is not in a position to exercise its
function or the head of consular post is uprázdněno, can
the temporary head of the authority on a provisional basis to act as the head of the consular
the Office.
2. The diplomatic mission of the sending State, or if the State does not have a
such a mission in the receiving State, the head of the consular post or,
If it is not in a position to do so, any competent authority of the sending State
must inform the Ministry of Foreign Affairs of the receiving State or the
the authority designated by that Ministry's full name a temporary head of
the Office. This communication must normally be made in advance. The beneficiary State
can bind the adoption of temporary head office, if it is not a
the diplomatic representative or consular official of the sending State in the
the receiving State, on their agreement.
3. the competent authorities of the receiving State shall provide the temporary Manager
Office assistance and protection. If the authority, subject to the provisions of
This Convention on the same basis as the head of the competent
the consular office. The beneficiary State is not obliged to provide
the temporary head of the Office, no benefits, privileges and immunities, which the head of the
consular post shall enjoy only as a result of the conditions that the temporary
the head office does not meet the.
4. If, in the circumstances referred to in paragraph 1 of this article the
of the diplomatic staff of the diplomatic mission of the sending State is in
the receiving State entrusted with the sending State the functions of the temporary
the head of the Office, will be, if the beneficiary State against objects
objections continue to enjoy diplomatic privileges and immunities.
Article 16
The order of the heads of consular posts
1. the head of consular offices will have order in each class by date
grant exekvatur.
2. in cases where the head of the consular office before receiving
exekvatur admitted to the performance of their duties on a provisional basis, but will be his
the order determined by the date the provisional acceptance; This order will be
retained after the grant of exekvatur.
3. the order between two or more heads of consular posts, who
exekvatur or provisional acceptance have received on the same day, is determined
According to the date of delivery of their patents or similar documents or
the notification referred to in paragraph 3 of article 11 to the beneficiary State.
4. the Temporary head of the offices have the order for all heads of consular
authorities and among themselves according to the date the temporary takeover of the functions of the head of
the Office, as outlined in the communications transmitted under paragraph 2 of article
15.
5. Honorary consular officers, who are the heads of consular
authorities, have the order in each class after the heads of consular posts from
profession, according to the rules referred to in the preceding paragraph.
6. the head of consular offices to order before the consular officials
non-residents such status.
Article 17
The performance of diplomatic acts by consular officers
1. In the State in which the sending State does not have a diplomatic mission and is not
represented by a diplomatic mission of a third State, the consular officer may be
entrusted with the performance of diplomatic acts with the consent of the receiving
State. Consular Office of the consular officer the status does not change. The performance of the
such acts does not give him the right to seek diplomatic privileges and
immunities.
2. the consular officer may, after notification to the beneficiary State
perform the functions of a representative of the sending State for any intergovernmental
the organization. In exercising this function, he is entitled to enjoy all the privileges and
immunities provided such representatives on the basis of international law
customary international law or international agreements; in relation to the performance of their
consular functions will not be entitled to benefit from any of the larger exemption
from the jurisdiction, than on what has the right to consular officer in accordance with this
Of the Convention.
Article 18
The appointment of the same person to the consular officer of two or more States
Two or more States, with the consent of the receiving State may designate the
the same person to the consular officer in the receiving State.
Article 19
Appointment of members of the consular staff
1. While retaining the provisions of articles 20, 22 and 23 May, the sending State
free to appoint members of the consular staff.
2. The sending State shall notify the beneficiary State the full name, category
and the class of all consular officials in addition to heads of consular posts
so that that State had plenty of time to do, if it so wishes, their
the rights referred to in paragraph 3 of article 23.
3. The sending State may, if required by its laws and regulations,
ask the receiving State to provide consular officer, exekvatur
that is not the head of the consular office.
4. the receiving State may, if required by its laws and regulations,
provide exekvatur consular official, who is not the head of the
the consular office.
Article 20
The scope of consular staff
If there is no explicit agreement on the scope of the consular staff, the
the receiving State may require that the staff was maintained in the range limits,
that he himself considered to be reasonable and customary in the light of the circumstances and the
conditions in the consular district and to the needs of the competent consular
the Office.
Article 21
The order of the consular officials of the consular post
The order of the consular officials of the consular post and its changes to announce
the diplomatic mission of the sending State, or, if the State does not have such a
Mission in the receiving State, the head of the consular office of the Ministry of
Foreign Affairs of the receiving State or the authority designated by that
the Ministry.
Article 22
Citizenship consular officials
1. Consular officials to be in principle nationals of
of the sending State.
2. Consular officials may not be appointed from among nationals of the
of the receiving State, unless that State not express consent;
This consent may be withdrawn at any time.
3. the receiving State may reserve the same right, in terms of State
third-country nationals who are also nationals of the
of the sending State.
Article 23
Persons declared non grata
1. the receiving State may at any time notify the sending State that the
consular officer is persona non grata or that any other Member of the
the consular staff is unacceptable. In this case, the sending
State according to circumstances, either such person revokes, or terminates its
function of the consular post.
2. If the sending State refuses or neglects to provide within a reasonable time
to comply with their obligations under paragraph 1 of this article may
the beneficiary State according to the nature of the case, either revoke the exekvatur
person, or stop it as a member of the consular staff.
3. A person appointed by a member of the consular post may be
declared inadmissible before it arrives on the territory of the receiving
State, or, if already in its territory, before taking up his functions on the
the consular office. In each such case, the sending State shall take
the appointment back.
4. In the cases referred to in paragraphs 1 and 3 of this article is not
the beneficiary State shall be obliged to communicate to the sending State the reasons for its
decision.
Article 24
The notification to the beneficiary State on the appointment, arrival and departure
1. Ministry of Foreign Affairs of the receiving State or authority in this
the Ministry will notify the designated:
and the appointment of members of the consular post), their arrival after the appointment of the
consular post, their final departure or the termination of their functions
and all other changes that affect their status and that can
occur during their service to the consular post;
(b) the arrival and final departure of the) family member
consular post, who lives in a common household, and, where
it applicable, cases where a person becomes or ceases to be a
in such a family member;
(c) the arrival and final departure) of the members of the private staff and, where
It's appropriate, the termination of their service;
d) employment and the release of people settled in the receiving State, unless
as for members of the consular post, or members of the private staff
enjoying privileges and immunities.
2. arrival and departure will be ultimate, if possible, also notify the
in advance.
Part II
Their consular functions
Article 25
The end of the functions of a member of the consular post
A member of the consular post ends, among other things:
notification of the posting State) to the beneficiary State, that the member function
consular post have ended,
(b) by reference, exekvatur)
(c) the receiving State) by a notice that the sending State to the receiving
It ceased to be regarded as a State member of the consular staff.
Article 26
Departure from the territory of the receiving State
The receiving State will provide, even in case of armed conflict,
members of the consular post and members of the private staff, unless the
nationals of the receiving State, and members of their families
living in a common household with them, regardless of their State
the jurisdiction of the necessary time and assistance to enable them to prepare departure and
leave as soon as possible after the termination of their functions. In particular, in the
If necessary, make available the necessary means of transport for the
persons and their property, except for property acquired by the receiving
State, the export of which is prohibited at the time of departure.
Article 27
Protection of consular offices and archives, and the interests of the sending State for the
exceptional circumstances
1. in the case of interruption of consular relations between the two States:
and the receiving State) even in the event of armed conflict to respect the
and protect the consular rooms along with the property of the consular post, and with
the consular archives;
(b)) the sending State may entrust the custody of consular room along with
the property, which is located in them, and the consular archives third
State acceptable to the receiving State;
(c)) the sending State may entrust the protection of its interests and the interests of their
nationals to a third State acceptable to the receiving State.
2. in the case of the temporary or permanent closure of the issuing consular office shall apply
the provisions of subparagraph
a) of paragraph 1 of this article. Out of it
and if) the sending State in the receiving State, thanks to a
the diplomatic mission has a different consular post in the territory of that State, may
This consular office room care closed
consular office together with the property and with the consular archives, which are
in the present, and with the consent of the receiving State performance
the consular functions in the circuit of the consular consular post
or
(b)) in the event that the sending State has no diplomatic mission and other
consular office in the receiving State, the provisions of subparagraphs (b)), and
(c)), paragraph 1 of this article.
TITLE II
The advantages, privileges and immunities of consular offices, consular officials from the
profession and other members of the consular post
Part I
Benefits, privileges and immunities of consular post
Article 28
Facilitate the work of consular post
The receiving State shall facilitate the exercise of the functions in full consular office.
Article 29
The use of the national flag and State emblem
1. The sending State shall have the right to use its own flag and coat of arms in the
the receiving State, in conformity with the provisions of this article.
2. the national flag of the sending State may be posted up, and coat of arms
located on the building of the consular post and its entrance, on the residence
the head of the consular post and its means of transport, when the
they are used to service purposes.
3. In the exercise of the rights of this article it is necessary to take into account the laws,
the rules and practices of the receiving State.
Article 30
The location of the
1. the receiving State shall facilitate within its territory in accordance with its laws and
regulations of the sending State to obtain the room necessary for its
consular post or help him raise objects to another location
way.
2. If necessary, helps also when you obtain a consular post
suitable accommodation for its members.
Article 31
The inviolability of consular Chambers
1. the Consular premises are inviolable in the scope specified in this
article.
2. the authorities of the receiving State may not enter into that part of the consular
the room, which is used exclusively for the work of the consular
the Office, but with the consent of the head of the consular office or its agent
or the head of the diplomatic mission of the sending State. In case of fire
or other disaster that requires immediate protective action may be
assume that consent was given to the head of the consular office.
3. While maintaining the provisions of paragraph 2 of this article, the beneficiary
State special duty to take all reasonable measures to protect the
consular rooms against any assault or damage and to
prevents any disturbance of peace consular post or injury to his
dignity.
4. the Consular premises, their equipment, property and consular office
his means of transport are not subject to any form of requisitions for the purposes
National Defense or public needs. If it is necessary to perform their
for the purpose of expropriation, must be taken all possible steps
in order to avoid disruption of the exercise of consular functions, and sending
the State must be paid to the immediate, adequate and effective compensation.
Article 32
The tax exemption of consular Chambers
1. Consular residence room and the head of the consular office of the
the profession, which is the sending State or any person acting on its
on behalf of the owner or lessee shall be exempt from all national,
regional or local taxes and fees, with the exception of charges
levied for the provision of services.
2. the Tax exemption referred to in paragraph 1 of this article does not apply
taxes and fees, which, according to the law of the receiving State pay
persons entering into a contractual relationship with the sending State or with the person
acting on its behalf.
Article 33
Inviolability of the consular archives and documents
The consular archives and documents are always and everywhere be inviolable.
Article 34
Freedom of movement
Subject to the laws and regulations of the areas to which access is disabled
or modified for reasons of State security, the receiving State shall ensure to all
members of the consular post of the freedom of movement and travel in its territory.
Article 35
Freedom connection
1. the receiving State shall permit and protect the freedom to join the consular
the authority for all official purposes. In conjunction with the Government, the diplomatic
missions and other consular authorities of the sending State, whether they are
anywhere, can post to use all appropriate means, including
diplomatic and consular couriers, diplomatic and consular
luggage and encoded or encrypted messages. Radio broadcasting
However, the consular post may station to set up and use only with the consent of
of the receiving State.
2. The official correspondence of the consular office shall be inviolable. Official
correspondence means all correspondence related to
consular post and its features.
3. the Consular bag shall not be opened or detained nor. In the case of
whereas the competent authorities of the receiving State have serious reasons to
considered that the bag contains something other than correspondence,
documents or articles referred to in paragraph 4 of this article may, however,
request that baggage in their presence opened the responsible representative
of the sending State. The authorities of the sending State, if such a request is
they refuse, the luggage to the place where it comes from.
4. shipment making up the consular bag shall be labelled with a clear
external indication of their character and may contain only official
correspondence and documents or articles intended exclusively for official
the use of the.
5. the Consular courier shall be provided with an official Charter to indicate its
the status and the number of packages constituting the consular bag. Without the consent of
the receiving State shall not be a national of the receiving
State, even if it is not a national of the sending State, person
permanently resident in the receiving State. In the performance of their functions, shall enjoy
protection of the receiving State. The consular courier shall enjoy personal
inviolability and shall not be in any way imprisoned or detained.
6. The sending State, its diplomatic mission and consular posts
may designate consular couriers ad hoc. In that case, the provisions of
paragraph 5 of this article, with the immunity that are listed there,
cease to apply as soon as the courier shall surrender the payee of the consular
luggage, which was in charge of.
7. the Consular bag may be entrusted to the captain of the ship or the civil
the aircraft has to land at the airport of entry permitted. The captain will be
equipped with authentic instrument indicating the number of parcels making up the consular
baggage, however, will not be treated as a consular courier. After discussion
with the relevant local authorities of the consular post may send one of
of its members, to take over the bag directly and freely given from the captain
ship or aircraft.
Article 36
Connection and contact with nationals of the
1. In order to facilitate the performance of consular functions relating to public
nationals of the sending State:
a) consular officers shall have the right to a connection with the nationals of the
the sending State and to have access to them. Nationals of the sending
the State shall have the same right as regards the connection with the consular officials
the sending State and of access to them;
(b)), the competent authorities of the receiving State shall, without delay, inform the
consular post of the sending State for cases where in his consular
the judge of the nationality of the sending State was arrested, imprisoned, and put to
binding or detained in any other way, provided that that national
so requests. Also each message you have designated for the consular post by the person
that was arrested, is in prison, in custody or detained, shall deliver
the said authorities without delay. These authorities must, without delay, inform the
the person that is concerned about its rights, which, in this
subparagraph;
c) consular officers shall have the right to attend nationals
of the sending State who is in prison, custody or detention, are to
with them can speak, write and to ensure their legal representation.
Also have the right to visit any national of a
of the sending State who is in prison, in custody or is locked in
their place on the basis of the judgment. However, the consular officer shall refrain from
acting on behalf of a national who is in prison, custody or is
held, in the case that a national against such negotiations
expressly raises their objections.
2. the rights referred to in paragraph 1 of this article shall be exercised in accordance
the laws and regulations of the receiving State, provided, however, that the
laws and regulations will enable the full realization of the objectives for which it was the law of
granted under this article.
Article 37
Information in cases of death, guardianship or custody,
shipwreck and air accidents
The competent authorities of the receiving State, they have the necessary
the information is required to:
a) in case of death of a national of the sending State to notify
the consular authority without delay, in the place where the death occurred;
(b)) to inform the competent consular post without delay all cases
When it appears that the provisions of the guardian or guardian is in the interest of
the young person or other persons lacking full fitness, who are
nationals of the sending State. Submission of this information does not
However, the effect on the efficacy of the laws and regulations of the receiving State
the provisions of the guardian or guardian;
(c) submit a report without delay) consular office that is closest to
the place of the event, in the case of a ship having the nationality of the sending State
shipwrecked or stranded in coastal or inland waters of the receiving
State or that the aircraft registered in the posting State affecting the accident
on the territory of the receiving State.
Article 38
Conjunction with the authorities of the receiving State
Consular officers may exercise their functions to turn
and the relevant local authorities) to its consular circuit;
(b)) to the central competent authorities of the receiving State, if it is allowed to
laws, regulations, and practices of the receiving State or the competent
international agreements, to the extent permitted by them.
Article 39
Consular fees and benefits
1. Consular post for consular acts to choose from on the territory
the beneficiary State fees and benefits provided for by the laws and regulations
of the sending State.
2. the amounts collected in the form of fees and charges referred to in paragraph 1. 1 of this
Article and receipts of payment are exempt from all taxes and
benefits in the receiving State.
PART II
The advantages, privileges and immunities of consular officials from the profession and other
members of the consular post
Article 40
Protection of consular officials
The receiving State shall treat consular officers with due respect
and shall take all appropriate measures to prevent any attack against the
the person, freedom or dignity.
Article 41
Personal inviolability of consular officers
1. Consular officers shall not be arrested or taken into custody, but in
the case of a felony, and, on the basis of the decision of the competent court
authority.
2. except in the case referred to in paragraph 1 of this article shall not be
consular officers trapped or must not be limited to their personal
freedom, but in the exercise of a court decision that has come into legal force.
3. the consular officer must appear before the competent authorities in the case,
that is a criminal investigation is opened against him. However, the management will be carried out
with due regard to his person, justified by his official post,
and with the exception of the case referred to in paragraph 1 of this article, in a way,
that would be the least disturbing the exercise of consular functions. In the case that a
the circumstances referred to in paragraph 1 of this article, you must take
the consular officer into custody proceedings must be instituted against him in
as soon as possible.
Article 42
Notification of arrest, detention or prosecution
The receiving State shall without delay inform the head of the consular office in
where is a member of the consular staff arrested, taken into custody
or when is the initiated criminal proceedings against him. If you are referred
measures relate to the head of the consular post, the receiving State
inform the sending State through diplomatic channels.
Article 43
The exclusion from the jurisdiction of
1. in respect of acts done in the exercise of consular functions,
consular officers and consular employees are not subject to the jurisdiction of the
the judicial and administrative authorities of the receiving State.
2. The provisions of paragraph 1 of this article shall not apply to civil
legal proceedings:
and) arising out of the contract to the consular officer or
consular employee expressly or obviously nesjednal as
a representative of the sending State; or
(b)) initiated by a third party in the event of damages incurred in the receiving State
from an accident caused by a vehicle, boat or plane.
Article 44
The obligation to give evidence
1. members of the consular post may be invited to appear as a
the witnesses during court or administrative proceedings. Consular
an employee or member of the service staff shall not, except in cases
referred to in paragraph 3 of this article refuse to give evidence. In
If they do, the consular officer may not be invoked against him
any enforcement action or penalty.
2. the requesting Authority from the consular officer's testimony shall refrain from
interference in the exercise of its functions. Where possible, it may take
testimony at his residence or at the consular post or to take from
his written testimony.
3. members of the consular post shall not be required to submit testimony
regard to the matters connected with the exercise of their functions or to submit
official correspondence and documents related to these things. They are also
authorized to refuse to give evidence as witnesses on the right znalečtí
of the sending State.
Article 45
Waiver of privileges and immunities
1. The sending State may for members of consular office give up any
the privileges and immunities referred to in articles 41, 43 and 44.
2. the waiver of privileges and immunities shall in all cases, with the exception of
in the case referred to in paragraph 3 of this article, it must be explicit and
communicated in writing to the beneficiary State.
3. If a consular officer or consular employee starts
proceedings in the case, in which benefited from immunity from jurisdiction under article 43,
cannot invoke immunity from jurisdiction in respect of actions
directly connected with the principal claim.
4. Give up the immunity from jurisdiction in matters of civil or administrative
It does not mean to give up the immunity in respect of enforcement power
the judgment; It is necessary to give up separately.
Article 46
Exemption from registration of aliens and residence permits
1. Consular officers and consular employees and members of their families
living in a common household with them are exempt from all obligations
imposed the laws and regulations of the receiving State concerning the
registration of aliens and residence permits.
2. The provisions of paragraph 1 of this article shall not apply to consular
employees who are not employees of the sending State or
who perform private gainful occupation in the receiving State, and to
their family members.
Article 47
Exemption from work permit
1. members of the consular post shall, with respect to services performed for
the sending State be exempt from all obligations relating to the authorization to
desired employment laws and regulations of the receiving State to
the employment of foreign labour.
2. the members of the private staff of consular officers and consular
employees are exempt from the obligations referred to in paragraph 1 of this
article in the event that they do not exercise any other gainful occupation in
the receiving State.
Article 48
Exemption from social security
1. While retaining the provisions of paragraph 3 of this article are members of the
consular office in terms of the services that they perform for the sending
State, and members of their families living with them in the same household
be exempt from social security provisions which are in force in the receiving
State.
2. The exemption referred to in paragraph 1 of this article shall also apply to the members of the
private staff who are employed only for members of the consular
authority, provided that:
a) that they are not nationals of the receiving State or in the
permanently settled and
(b)) that they are subject to the social security legislation in force in the
the posting or in a third State.
3. members of the consular post of employing persons with
not covered by the exemption referred to in paragraph 2 of this article must comply with the
the obligations imposed on employers the provisions on social
the security of the recipient State.
4. The exemption referred to in paragraphs 1 and 2 of this article shall not preclude the
voluntary participation in the social security system of the receiving State
provided, that the participation of the beneficiary State permits it.
Article 49
Exemption from taxation
1. Consular officers and consular employees and their family
members living in the same household with them are exempt from
all taxes and fees, personal or material, national,
regional or local with the exception of:
a) indirect taxes, which are usually included in the price of the goods or
the services;
(b)) taxes and fees from private real estate on the territory of the receiving
State, subject to the provisions of article 32;
c) survivors ' or probate fees and charges of the transfer of assets
levied by the receiving State, subject to the provisions of paragraph (b))
Article 51;
d) taxes and fees from the private income, including a return on capital,
that has its source in the receiving State, and from property taxes
applicable to investments in commercial or financial
enterprises in the receiving State;
e) charges levied for the provision of services;
f) registration, legal, documentary, mortgage and kolkových
fees, subject to the provisions of article 32.
2. the members of the staff of the personnel shall be exempt from taxes and charges on
the wages they receive for their services.
3. members of the consular post who employ persons whose wages
or salaries shall not be exempted from income tax in the receiving State, it must
to fulfill the obligations that the laws and regulations of this State
employers in connection with the collection of income tax.
Article 50
Exemption from customs levies and tours
1. the receiving State shall be in conformity with the laws and regulations, receives,
permit the importation and provide exemption from all customs duties, taxes and
with the related charges other than charges for storage, cartage and
similar services:
and) in articles intended for official use of the consular office;
(b)) in articles intended for personal use by consular officials and
members of their families living with them in the same household,
including articles intended for their initial device. Articles intended
for consumption shall not exceed the amount necessary for direct consumption
of the persons concerned.
2. Consular employees shall enjoy the privileges and exemptions in
paragraph 1 of this article, in respect of articles imported at the time of their
first coming to the Office.
3. Personal baggage accompanying consular officers and their family
members living in the same household with them are exempt from
tours. May be inspected only if there are serious reasons
to believe that they contain objects other than referred to in subparagraph (b))
paragraph 1 of this article, or articles the import or export of which is
banned by the laws and regulations of the receiving State or which are subject to
its quarantine laws and regulations. The said inspection must be
performed in the presence of the consular officer or his family
Member.
Article 51
The assets of a member of the consular post or of his family
The beneficiary State in the event of the death of a member of the consular post or of a Member
his family living with him in the same household
and) shall authorise the export of movable property of the deceased, with the exception of property that
has been obtained in the receiving State and the export of which was prohibited at the time of his
death;
(b)) will not levy national, provincial or local survivors ' or
probate fees and charges of the transfer of assets in respect of movable
the property, which was in the territory of the receiving State only as a result of the stay
late in that State as a member of the consular post or of a family
a national of a member of the consular post.
Article 52
Exemption from personal services and obligations
The receiving State shall exempt members of the consular post and their family
members living in the same household with them from all personal
services, all to public services of all kinds and from military
obligations, such as requisitions, military contributions and accommodation.
Article 53
Beginning and end of consular privileges and immunities
1. Each member of the consular post will enjoy the privileges and immunities referred to
in this Convention since its entry into the territory of the receiving State for the
the purpose of taking their office or, if already in its territory, since the
When taking up his duties to the consular post.
2. a member of the consular post of the family members living with him in the
common household and members of his private staff shall enjoy the
the privileges and immunities referred to in this Convention as from the date when the Member
consular post shall enjoy the privileges and immunities referred to in paragraph 1 of this
Article, or from the date of their entry into the territory of the receiving State or the
the date on which they become members of his family or members of its
private staff, whichever day is later.
3. When finished a member of the consular post, ending his privileges and
immunities and privileges and immunities of the Member of his family living with him in the
common household or a member of his staff, and it usually
at a time when the person concerned leaves the receiving State or after
the expiry of a reasonable period in which to leave the country, depending on what
before this time, however, persists even in the event of armed
the conflict. The privileges and immunities of persons referred to in paragraph 2 of this article
they end up at a time when these people cease to belong to the household, or
leave the service for a member of the consular post, but in the case that
those persons they intend to leave after receiving State within a reasonable time,
their privileges and immunity persists until their departure.
4. With regard to acts carried out by the consular officer or
consular employee in the performance of their functions, however, will take their
the exclusion from the jurisdiction without a time limit.
5. in case of death of a member of the consular post will be his family
residing in the same household with him continue to enjoy the privileges
and immunities attributed to them, until such time as they leave the receiving State or the
of expiry of the reasonable period of time to allow them to do so, according to
What is the sooner.
Article 54
The obligations of third States
1. in the event that the consular officer passes through the territory of a third State,
which issued the visa, if needed, or resides in its territory,
in order to take over his Office, or go back to their office or
of the sending State, shall provide it with all the immunities of third State needed to
to ensure his transit or return that he is entitled under other
the articles of this Convention. The same applies if any of his family
residing in the same household with him and rejected
such privileges and immunities that accompanies the consular officer or
traveling alone to join him or to return to the sending
State.
2. In circumstances similar to those listed in paragraph 1 of this
Article, the third State to defend its own territory in transit through the other
members of the consular post or of their families living with
them in the same household.
3. third States shall provide to the official correspondence and other official
communication in transit, including the encoded and encrypted messages, the same
freedom and the protection that the beneficiary State is obliged to provide under
of this Convention. Provide consular couriers who got a visa if
is visa needed, and luggage in transit the same consular
integrity and protection that is required to provide pursuant to this
Convention, the receiving State.
4. the obligations of third States under paragraphs 1, 2 and 3 of this article shall
apply to persons that are listed in those paragraphs and to the
official communications and consular bags, which they get to the territory of the
a third State as a result of force majeure.
Article 55
Observance of the laws and regulations of the receiving State
1. Without prejudice to their privileges and immunities, it is the duty of all persons
enjoying privileges and immunities as regards laws and regulations of the receiving State.
They also have a duty to not interfere in the internal affairs of the recipient
State.
2. Consular rooms should not be used in a manner that would be in the
conflict with the exercise of consular functions.
3. The provisions of paragraph 2 of this article shall not preclude the ability to place
the offices of institutions or organisations in other parts of the building in which they are
consular premises, provided that the room that they are
intended, are separated from rooms used by the consular office. In
this case will not be referred to the Office to consider for purposes of this
Part of the Consular Convention rooms.
Article 56
Insurance against damage to third parties
Members of the consular post will take care of the obligations imposed laws and
regulations of the receiving State with regard to insurance against damage
caused to third persons in the service of a vehicle, ship or aircraft.
Article 57
Special provisions concerning private gainful occupation
1. Consular officials from the profession will not be in the receiving State
exercise for personal profit any professional or commercial
activity.
2. the privileges and immunities referred to in this title shall not provide:
and consular employees or members) of professional staff who
carry out any gainful occupation in the receiving State;
(b)) to the family members of persons referred to in subparagraph (a)) of this
paragraph, or members of the private staff;
c) family members member of the consular post who themselves
carry out any gainful occupation in the receiving State.
TITLE III
The position of the honorary consular officers and consular authorities
led by these officials
Article 58
General provisions about the benefits, privileges and immunities
1. articles 28, 29, 30, 34, 35, 36, 37, 38 and 39, paragraph 3 of article 54 and
paragraphs 2 and 3 of article 55 apply to consular posts headed by
honorary consular officer. In addition, benefits, privileges and
immunity of consular authorities governed by articles 59, 60, 61 and 62.
2. articles 42 and 43, paragraph 3 of article 44, articles 45 and 53 and paragraph 1
Article 55 apply to honorary consular officers. In addition, the
the advantages, privileges and immunities of consular officials governed by articles 63,
64, 65, 66 and 67.
3. the privileges and immunities referred to in this Convention are not members of the family
members of the honorary consular officer or consular
staff employed at the consular post maintained by the Honorary
the consular official.
4. sending consular baggage between the two consular authorities
located in different States and led by honorárními consular
officials is not allowed without the consent of both of the relevant beneficiary
States.
Article 59
Consular protection of rooms
The receiving State shall take such measures as are necessary to protect
consular consular office led by honorary rooms
the consular officer from attack or damage and to prevent the
prevent interference peace consular post or injury to his
dignity.
Article 60 of the
Exemption from taxation, consular Chambers
1. Consular room maintained by the honorary consular office
the consular officer, which is the sending State by the owner or
the lessee shall be exempt from all national, regional or
local taxes and charges of any kind other than those which are collected for
the provision of services.
2. the exemption from taxation referred to in paragraph 1 of this article shall
does not apply to taxes and fees, which are based on laws and regulations
of the receiving State to pay persons entering into a contractual relationship with the
sending State.
Article 61
Inviolability of the consular archives and documents
The consular archives and documents held by the honorary consular office
the consular officer are always and everywhere be inviolable, provided
they are stored separately from other papers and documents, and in particular
from the private correspondence of the head of the consular post, and all people,
that work with him, and from the materials, books and documents relating to the
their profession or trade.
Article 62
Exemption from customs levies
The receiving State will be in conformity with the laws and regulations, which shall adopt,
permit the importation and provide exemption from all customs duties, taxes and
with the related charges other than charges for storage, cartage and
a similar service for items listed below, provided that they are intended
for official use consular office maintained by the honorary consular
officer; This applies to public characters, flags, vývěsných, seals and
stamps, books, official printed matter, official, official equipment and furniture
similar articles supplied by sending State or on the initiative of its
consular post.
Article 63
Criminal proceedings
Honorary consular officer must appear before the competent authorities,
If a criminal investigation is opened against him. However, the management will be carried out
with due regard to his person, justified by his official post,
and if it is not under arrest or in custody, in a way that would least
undermine the performance of consular functions. If you need to take the Honorary Consul
in custody proceedings must be initiated against him as soon as possible.
Article 64
Honorary consular protection officials
The receiving State has the obligation to provide consular honorárnímu
official protection required by his official position.
Article 65
Exemption from registration of aliens and residence permit
Honorary consular officers, if not for my personal gain
any professional or commercial activity in the receiving State,
are exempt from all obligations imposed on the laws and regulations
of the receiving State concerning the registration of aliens and residence permits.
Article 66
Exemption from taxation
Honorary consular officer is exempt from all taxes and levies
remuneration and the revenues it receives from the sending State due to the performance
consular functions.
Article 67
Exemption from personal services and obligations
The receiving State shall exempt honorary consular officers from all
personal service, all public services of all kinds and from military
obligations, such as requisitions, military contributions and accommodation.
Article 68
The optional nature of the institution of honorary consular officials
Each State has the right freely to decide whether to appoint or
to receive the honorary consular officers.
TITLE IV
General provisions
Article 69
Consular officers, who are not heads of consular posts
1. each State has the right freely to decide whether to establish or
allow the consular agency managed consular managers,
that the sending State was not the heads of consular posts.
2. The conditions under which the consular agency referred to in paragraph 1
This article may carry out their activities, and the privileges and immunities
which will benefit from the consular officers, which the Agency has been
entrusted, shall be determined by agreement between the sending and the receiving
by the State.
Article 70
The performance of consular functions by diplomatic missions
1. the provisions of this Convention shall apply, if the connection is allowed
also on the performance of consular functions by diplomatic missions.
2. The names of members of a diplomatic mission responsible for the work in the consular
departments or otherwise responsible for the performance of consular functions, the mission is
to be notified to the Ministry of Foreign Affairs of the receiving State or the
the authority designated by that Ministry.
3. in the performance of consular functions of the diplomatic mission may refer to:
and of the consular authorities) to a local circuit;
(b)) on the central authorities of the receiving State, if it is allowed by the laws,
the rules and practices of the receiving State or the competent
international agreements.
4. The privileges and immunities of the members of a diplomatic mission referred to in paragraph 2
This article will continue to manage the rules of international law
relating to diplomatic relations.
Article 71
Citizens of the receiving State and persons permanently settled in it
1. Consular officers who are nationals of the receiving
the State or are permanently settled in it, enjoy, if they are receiving
the State does not provide additional benefits, privileges and immunities, the only exemption from
jurisdiction and personal inviolability in respect of official acts
made in the exercise of their functions and prerogatives, referred to in paragraph 3
Article 44. With regard to those consular officials, the receiving
the State is also bound by the obligation laid down in article 42. If it is against the
referred to consular officer initiated criminal proceedings, it will be with
except in the case that the officer is under arrest or in custody, perform
in a way that would least undermine the performance of consular functions.
2. the other members of the consular post who are nationals of
of the receiving State or has permanently settled, and the members of their
families, as well as family members, consular officials referred to in
paragraph 1 of this article shall enjoy benefits, privileges and immunities only in
the extent to which the receiving State will provide for them. Members of the family
members of the consular post and members of the private staff who are
own nationals of the receiving State or are permanently
staid, also enjoy the benefits, privileges and immunities only to the extent that they
the receiving State will provide for them. However, the beneficiary State shall exercise
its jurisdiction over those persons in such a way as to
does not obstruct the performance of the functions of the unjustifiably consular office.
Article 72
Prohibition of discrimination
1. in implementing the provisions of this Convention will not amount to the beneficiary State
the difference between individual States.
2. For discrimination, however, is not considered:
and if the receiving State) performs some of the provisions of this Convention in
a limited range because it is to a limited extent also performs towards his
Mission in the State of the sending State;
b) if based on customs or according to the agreement, the States
provide more favourable treatment than what is required by the provisions of the
of this Convention.
Article 73
Relationship between this Convention and other international agreements
1. The provisions of this Convention shall not affect other international agreements,
which are in force between the Contracting States.
2. nothing in this Convention shall prevent States to negotiate
international agreements confirming, amending, or expansion
increasing its provisions.
TITLE V OF THE
Final provisions
Article 74
The signature of the
This Convention shall be open for signature by all States which are members of the
The United Nations or some specialized agencies or
Parties to the Statute of the International Court of Justice, and any other
the State, which will be called upon by the General Assembly of the United
Nations to become a party to the Convention, namely: until 31 December 2006. October 1963 in
the Federal Ministry of Foreign Affairs of the Republic of Austria, and then to
March 31, 1964, in the United Nations Headquarters in New York.
Article 75
The ratification of the
This Convention is subject to ratification. The instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
Article 76
Access
This Convention shall be open for accession by any State which belongs to the
some of the four categories set out in article 74. The instrument of accession
shall be deposited with the Secretary-General of the United Nations.
Article 77
Entry into force of
1. This Convention shall enter into force on the thirtieth day after the date of deposit of the 20th
the second instrument of ratification or instrument of accession with the General
Secretary-General of the United Nations.
2. for each State which ratifies this Convention or accedes thereto after the
Save the twenty-second instrument of ratification or instrument of accession,
the Convention shall enter into force on the thirtieth day after the date of deposit of its instrument of ratification
instrument or instrument of accession.
Article 78
The obligation of notification by the Secretary-General
The Secretary-General of the United Nations shall inform all States
belonging to one of the four categories mentioned in article 74:
and) of signatures of this Convention and of the deposit of instruments of ratification of, and
access in accordance with article 74, 75 and 76;
(b)) of the date when this Convention enters into force in accordance with article 77.
Article 79
Authentic texts of the
The original of this Convention, of which the Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations, who shall send certified true copies thereof
all States belonging to any of the four categories listed in article
74.
In witness whereof the duly authorised agents, shall be empowered to do their
Governments, have signed this Convention.
Given in Vienna on 24. April of the year one thousand nine hundred and sixty-three.
